Vankat Syyaji Deshtwad vs Scheduled Tribe Certificate ...
2021 Latest Caselaw 3217 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD
                         WRIT PETITION NO. 3107 OF 2021

 Vankant S/o Syyaji Deshtwad
 Age : 45 years, Occ : Service,
 R/o. Mukhed, Tq. Mukhed,
 Dist. Nanded.                                  ... Petitioner.
          Versus
 1. Scheduled Tribe Certificate
    ScrutinyCommittee, Aurangabad
    Throughits Member Secretary

 2. Sub Divisional Officer,
    Degloor, Tq.Degloor,
    Dist. Nanded.                               ... Respondents.
                                   ....
 Mr. D.B. Shinde, Advocate for the Petitioner.
 Mr. S.G. Karlekar, A.G.P. for Respondent Nos. 1 and 2.
                                   ....

                               CORAM : S.V. GANGAPURWALA AND
                                       SHRIKANT D. KULKARNI, JJ.

DATE : 18th FEBRUARY, 2021 ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith.

2. Heard finally with the consent of learned counsel for

the respective parties.

3. This petition is taking exception to the decision rendered by the

Scrutiny Committee directing invalidation of Tribe Certificate issued

to the petitioner as belonging to "Mannervarlu" Scheduled Tribe on

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technical ground of occurrence of spelling mistake in recording name

of the Tribe in the Certificate issued to the petitioner by the Sun-

Divisional Officer.

4. The issue raised in the instant matter is no more res integra and

is covered by the decision rendered in Writ Petition no. 6263 of 2017

and other companion matters. For the reasons recorded in the

judgment referred to above, instant petition also deserves to be

allowed and the same is accordingly allowed.

5. The order impugned in this petition stands quashed and set

aside. The Scrutiny Committee is directed to return the original Tribe

Certificate produced by the petitioner before it, within four weeks

from today. The petitioner shall tender an undertaking to the Scrutiny

Committee that he would approach the concerned competent

authority for ratifying the spelling mistake occurred in recording

name of the Tribe and shall produce corrected certificate within a

period of eight weeks from the date of receipt of the original

certificate. The petitioner shall approach the concerned Sub-Divisional

Officer for recording corrections in the certificate already issued to

him. The concerned Sub-Divisional officer shall issue corrected

certificate within a period of four weeks from the date of approach

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of the petitioner, without embarking upon further enquiry in the

matter. On receipt of corrected certificate, same shall be produced

before the Scrutiny Committee within a period of four weeks from the

date of receipt. The Scrutiny Committee shall thereafter proceed to

decide the claim of the petitioner for validation of the Tribe

Certificate and render decision on the proposal within a period of one

year from the date of receipt of corrected certificate together with the

proposal. It would be open for the petitioner to tender the corrected

certificate and the proposal directly to the Scrutiny Committee and

the Scrutiny Committee shall entertain the same.

6. Rule is made absolute accordingly in above terms. There shall

be no order as to costs.

 ( SHRIKANT D. KULKARNI )                   ( S.V. GANGAPURWALA )
         JUDGE                                       JUDGE


 S.P. Rane




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