Balaji Shamrao Bandewad Vs the State of Maharashtra and Others

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wp10221.17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.10221 OF 2017

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`Arju`	`n S/o. Rayaba Jampawad`	`..`	`Petitioner`
`Age-` `R/o.` `Dist`	`Major, Occu-Service,` `Kodali, Tq. Udgir,` `. Latur`
	`Versus`
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Deputy Collector &` `District Rehabilitation Officer` `Dist. Latur`
	`WITH` `WRIT PETITION NO.10209 OF`	`2017`
`Sang`	`ram Ramchandra Wajire`	`..`	`Petitioner`
`Age-`	`Major, Occu-Service,`
`R/o.` `Dist`	`At Post Gavhan, Tq. Udgir,` `. Latur`
	`Versus`
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`

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`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Tahshildar Taluka Executive` `Magistrate, Udgir, Tq. Udgir,` `Dist. Latur`
`4.` `Gop`	`The Chief Executive Officer,` `Zilla Parishad, Latur,` `Dist. Latur` `WITH` `WRIT PETITION NO.10210 OF` `al So. Harichandra Sarje`	`2017` `..`	`Petitioner`
`Age-` `R/o.` `Dist`	`Major, Occu-Service,` `At Post Yeloriwadi, Tq. Ausa,` `. Latur`
	`Versus`
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Executive Magistrate, Ausa` `Tq. Ausa, Dist. Latur`
`4.`	`The Chief Engineer,` `MSEDCL Regional Office,` `Admin. Bldg. 1st Floor,` `Old Power Sale Galli,` `Dist. Latur`

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( 3 ) wp10221.17

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5. The Executive Engineer, MSEDCL Division Office, Near Market Yard, Old Power House, Udgir WITH

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WRIT PETITION NO.10211 OF 2017

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Vikas S/o. Pandurang Akoskar .. Petitioner Age-21, Occu-Student, R/o.Kolewadi Post Wanewadi, Tq. & Dist. Osmanabad Versus

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1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary

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3. The Sub-Divisional Officer, Osmanabad Tq. & Dist. Osmanabad

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4. Dr. Babasaheb Ambedkar Technological University, Lonere, Dist. Rajgad-402 103 (MS), Through its Registrar

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WITH

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WRIT PETITION NO.10212 OF 2017

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Nagesh S/o. Shamrao Sarge..Petitioner
Age-Major, Occu-Service,
R/o.Thanu Niwas, Datanagar Nilanga
Tq. Nilanga, Dist. Latur

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	( 4 ) `Versus`	wp10221.17
`1.`	`The State of Maharashtra` `..` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Executive Magistrate, Nilanga` `Tq. Nilanga, DIst. Latur`
`4.`	`The Maharashtra State Road Transport` `Central Office, Maharashtra Transport` `Bhavan, Dr. Anandrao Nayar, Mumbai-400` `Through its Chief Controller`	`008`
`5.`	`The Divisional Controller,` `State Transport, Osmanabad`
`6.`	`The Sub-Divisional Officer, Nilanga` `Tq. Nilanga, Dist. Nilanga`
	`WITH` `WRIT PETITION NO.10213 OF 2017`
`San` `Age` `R/o` `Tq.`	`jeprao S/o. Pandhari Yenchewad` `..` `-Major, Occu-Service,` `.At Post Savargaon Rokada,` `Ahmednagar, Dist.Latur` `Versus`	`Petitioner`
`1.`	`The State of Maharashtra` `..` `Department of Tribal Development,` `Mantralaya, Mumbai-32`	`Respondents`
	`Through its Secretary`

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`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Taluka Executive Magistrate, Ahmedpur` `Tq. Ahmedpur, Dist. Latur`
`4.`	`Shri. Mahadev Madhyamik V. Uchha` `Madhyamik Vidhyalay, Dhanegaon,` `Through its Headmaster` `WITH` `WRIT PETITION NO.10215 OF 2017`
`Subh`	`ash Hanmant Gaikwad` `..` `Petitioner`
`Age-`	`Major, Occu-Service,`
`R/o.` `Dist`	`Prakash Nagar, Latur,` `. Latur`
	`Versus`
`1.`	`The State of Maharashtra` `..` `Re` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`spondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Taluka Executive Magistrate, Umarga` `Tq. Umarga, Dist. Latur`
`4.`	`The Chief Executive Officer,` `Zilla Parishad, Osmanabad`

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WITH

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WRIT PETITION NO.10216 OF 2017

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`Utta`	`m Rukhmaji Dappadwad` `..` `Petitioner`
`Age-` `R/o.` `Dist`	`48 years, Occu-Service,` `Kharbarwadi, Tq. Ahmedpur,` `. Latur`
	`Versus`
`1.`	`The State of Maharashtra` `..` `Respondents` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Taluka Executive Magistrate, Ahmedpur` `Tq. Ahmedpur, Dist. Latur`
`4.`	`The State of Maharashtra` `Higher and Technical Education Department` `Mantralaya, Mumbai - 32` `Through its Secretary`
	`WITH` `WRIT PETITION NO.10217 OF 2017`
`Sham`	`S/o. Arjunrao Lekarwale` `..` `Petitioner`
`Age-`	`38 years, Occu-Service,`
`R/o.`	`Salunke Nagar, Bebali Road,`
`Osma`	`nabad, Tq. & Dist. Osmanabad`

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Versus

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`1.`	`The State of Maharashtra` `..` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Executive Magistrate, Kalamb` `Tq. Kalamb, Dist. Osmanabad`
`4.`	`The Chief Officer Nagar Parishad Osmanab` `Tq. & Dist. Osmanabad` `WITH` `WRIT PETITION NO.10218 OF 2017`	`ad`
`Sav` `Age` `R/o` `Dis`	`ita D/o. Ganpatrao Bhanje` `..` `-42 years, Occu-Service,` `.Vikas Nagar, Udgir,` `t. Latur`	`Petitioner`
	`Versus`
`1.`	`The State of Maharashtra` `..` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Taluka Executive Magistrate, Udgir` `Tq. Udgir, Dist. Latur`
`4.`	`The Chief Executive Officer` `Zilla Parishad Latur,` `Dist. Latur`

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WITH WRIT PETITION NO.10220 OF 2017

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`Vija`	`ykumar Madhavrao Rodewad`	`..`	`Petitioner`
`Age-` `R/o.` `Dist`	`39 years, Occu-Service,` `Tondar, Tq. Udgir,` `. Latur`
	`Versus`
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Taluka Executive Magistrate, Ud` `Tq. Udgir, Dist. Latur`	`gir`
`4.`	`The Chief Executive Officer` `Zilla Parishad Latur,` `Dist. Latur`
`5.`	`The Block Development Officer,` `Panchayat Samiti, Devni,` `Dist. Latur`
	`WITH` `WRIT PETITION NO.10219 OF`	`2017`
`Vima`	`l D/o. Kashinathrao Mudale`	`..`	`Petitioner`
`Age-`	`Major, Occu-Service,`
`R/o.` `Dist`	`At Post Bamani, Tq. Udgir,` `. Latur`

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	( 9 ) `Versus`		wp10221.17
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Taluka Executive Magistrate, Ud` `Tq. Udgir, Dist. Latur`	`gir`
`4.`	`The Chief Executive Officer` `Zilla Parishad Latur,` `Dist. Latur`
	`WITH` `WRIT PETITION NO.10222 OF`	`2017`
`Sha` `Age` `R/o` `Tq.`	`nkar S/o. Digambar Ghante` `-47 years, Occu-Service,` `.Narayan Colony,` `& Dist. Osmanabad`	`..`	`Petitioner`
	`Versus`
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad`
	`Through its Member Secretary`

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`3.`	`The Executive Magistrate, Ausa` `Tq. Dist. Latur`
`4.`	`The Chief Officer,` `Zilla Parishad, Osmanabad`
	`WITH` `WRIT PETITION NO.10223 OF 2017`
`Ram` `Age` `R/o`	`ling S/o. Dhondiba Patange` `..` `-49 years, Occu-Service,` `.Devlali, Tq. & Dist. Osmanabad`	`Petitioner`
	`Versus`
`1.`	`The State of Maharashtra` `..` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Executive Magistrate, Osmanabad` `Tq. Dist. Osmanabad`
`4.`	`Maharashtra State Electricity Transmissi` `Co. Ltd. Vidyut Bhavan, Old Power Premis` `Khokadpura, Aurangabad 431 001` `Through its Chief Engineer`	`on` `es,`
	`WITH` `WRIT PETITION NO.10224 OF 2017`
`Bal` `Age` `R/o`	`aji S/o. Shamrao Bandewad` `..` `-Major, Occu-Service,` `.Kolwadi Post-Sawargaon,`	`Petitioner`
`Tq.`	`Ahamadpur, Dist. Latur`

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	`Versus`
`1.`	`The State of Maharashtra` `..` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Taluka Executive Magistrate, Ahmadpur` `Dist. Latur` `WITH` `WRIT PETITION NO.10226 OF 2017`
`Gop` `Age` `R/o` `Tq.`	`al S/o.Bapurao Ankushwad` `..` `-Major years, Occu-Service,` `.Kolewadi Post-Savargaon,` `Ahamadpur, Dist. Latur` `Versus`	`Petitioner`
`1.`	`The State of Maharashtra` `..` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Taluka Executive Magistrate, Ahmadpur` `Tq. Ahmedpur, Dist. Latur`
`4.`	`The Chief Executive Officer,` `Zila Parishad, Latur` `Tq. & Dist. Latur`

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WITH

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WRIT PETITION NO.10225 OF 2017

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`Bha`	`gwat S/o. Digambar Ghante`	`..`	`Petitioner`
`Age` `R/o` `Tq.`	`-59 years, Occu-Nill,` `.Upchunda, Post-Jawali,` `Ausa, Dist. Latur`
	`Versus`
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Executive Magistrate, Ausa` `Dist. Latur`
`4.`	`The Chief Executive Officer,` `Zila Parishad, Osmanabad`
	`WITH` `WRIT PETITION NO.10227 OF`	`2017`
`Sur`	`yakant S/o. Maroti Sarge`	`..`	`Petitioner`
`Age` `R/o` `Tq.`	`-53 years, Occu-Service,` `.At Hasala, Post-Budhoda,` `Ausa, Dist. Latur`
	`Versus`
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`

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`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Executive Magistrate, Ausa` `Tq. Ausa, Dist. Latur`
`4.`	`The District Civil Surgeon, Latur` `Near Gandhi Chowk, Police Station,` `Old Z.P.School, Latur-413 512` `Dist. Latur` `WITH` `WRIT PETITION NO.10229 OF`	`2017`
`Cha` `Age`	`ndrahas S/o. Manik Surwase` `-Major, Occu-Service,`	`..`	`Petitioner`
`R/o`	`.At Post Selu,`
`Tq.`	`Ausa, Dist. Latur`
	`Versus`
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Executive Magistrate, Ausa`
	`Tq. Ausa, Dist. Latur`

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	( 14 ) `WITH` `WRIT PETITION NO.10228 OF`	`2017`	wp10221.17
`App` `Age` `R/o` `Dis`	`asha S/o. Sidram Koli` `-53 years, Occu-Service,` `.At Asta (Kasar), Tq. Lohara,` `t. Osmanabad` `Versus`	`..`	`Petitioner`
`1.`	`The State of Maharashtra` `Department of Tribal Development,` `Mantralaya, Mumbai-32` `Through its Secretary`	`..`	`Respondents`
`2.`	`Scheduled Tribe Certificate` `Scrutiny Committee, Aurangabad` `Through its Member Secretary`
`3.`	`The Executive Magistrate, Umarga` `Tq. Umarga, Dist. Osmanabad`
`4.`	`The Executive Engineer, Latur` `Latur Irrigation Division Latur,` `Sinchan Bhavan Old Aus Road,` `Latur`
	`WITH`
	`WRIT PETITION NO.10230 OF`	`2017`
`Ana`	`nt Marotirao Tarlawad`	`..`	`Petitioner`
`Age`	`-Major, Occu-Service,`
`R/o` `Dis`	`.Rajura (Bu), Tq. Mukhed,` `t. Nandad`

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Versus

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1. The State of Maharashtra .. Respondents Department of Tribal Development, Mantralaya, Mumbai-32 Through its Secretary

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2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary

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3. The Tahasildar & Taluka Executive Magistrate, Mukhed, Tq. Mukhed, Dist. Nanded

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4. The Chief Executive Officer, Zilla Parishad, Latur

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5. The Education Officer (Secondary), Zilla Parishad, Latur

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6. Bapuji Madhyamik Va Uchya Madhyamik Vidhyalay, Sawagaon, Through its Headmaster

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Mr.Vivek U. Jadhav, Advocate for the petitioners
Mr.P.S.Patil, AGP for the respondents/State

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Mr.P.R.Patil, Advocate for respondents/Z.P.Latur in writ
petition Nos.10226,10230,10209,10218,10219 and 10220 of
2017

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CORAM : R.M. BORDE &
S.M. GAVHANE, JJ.
DATED :29.08.2017

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ORAL JUDGMENT [PER:R.M. BORDE, J.]:-

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.Heard.

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.Rule. Rule made returnable forthwith. By the
consent of the learned counsel for the parties heard
finally at the admission stage.

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2.The petitioners are taking exception to the

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order passed by the Scrutiny Committee directing
cancellation of caste certificate issued to them on the
ground of occurrence of spelling mistake in recording the
name of the Tribe in the caste/Tribe certificate issued
by the competent Authority. The petitioners belong Koli
Mahadev Scheduled Tribe. In the Tribe certificate issued
in favour of the petitioners by the competent authority
the spelling of the tribe is recorded as "Koli Mahadeo"
instead of "Koli Mahadev". The spelling mistake occurred
in recording the name of the tribe has persuaded the
scrutiny committee to direct the cancellation of tribe
certificate. The scrutiny committee has granted liberty
to the petitioners to secure proper certificate from the

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competent authority and produce the same for
verification.

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3.Issue raised in the instant matter is no more

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res-integra and is covered by the decision rendered in

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writ petition No.6263 of 2017 and other companion

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matters. For the reasons recorded in the judgment
referred to above, the instant petitions also deserve to
be allowed and the same are accordingly allowed.

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4.The orders impugned in these petitions stands
quashed and set aside. The Scrutiny Committee is directed

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to return the original Tribe Certificate produced by the
petitioners before it, within four weeks from today. The
petitioners shall tender an undertaking to the Scrutiny
Committee that they 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

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the date of receipt of the original certificate. The
petitioner shall approach the concerned Sub-Divisional
Officer for recording corrections in the Tribe
certificates already issued to them. The concerned sub-
Divisional Officers, without embarking upon further
enquiry into matter, on the basis of Tribe certificate

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issued to each of the individual petitioners by the
competent authority earlier shall issue the corrected

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Tribe Certificate within a period of four weeks from the
date of tender an application by the petitioners. On

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receipt of the corrected certificates, same shall be

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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 petitioners for validation of Tribe Certificate and
render decision on the proposals within a period of six
months from the date of receipt of corrected certificates
together with the proposals. It would be open for the

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petitioners to tender the corrected certificate and the
proposal if any, directly to the Scrutiny Committee and
the Scrutiny Committee shall entertain the same.

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5.Rule is made absolute accordingly in above

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terms. There shall be no order as to costs.

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6.In the meanwhile, no coercive action be taken

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against the petitioners merely on the ground of
invalidation of the Tribe certificate on technical
ground.

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VishalK/ wp10221.17

Balaji Shamrao Bandewad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Balaji Shamrao Bandewad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Parties & counsel

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