Allowed

Sainath Pandhari Pujarwad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad through Its Member Secretary and Others

Bombay HC21 Aug 2017WP/10287/2017

Case brief

AI extract

What is this about?

Five writ petitions challenging Scheduled Tribe certificate invalidation due to spelling discrepancies were allowed based on prior precedent. The impugned orders were quashed, and the Scrutiny Committee was directed to return original certificates and allow correction within a stipulated timeframe without further enquiry or technical rejection.

What did the court decide?

Impugned orders quashed; certificates returned for correction; Committee to decide within one year without further enquiry or technical rejection.

Sainath Pandhari Pujarwad Vs Scheduled Tribe… — Pension and Retirement Benefits | Bombay HC (2017)

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{1}

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wp 10284.17 & ors.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.10284 OF 2017

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Vilas Vitthalrao Yamode, age; 42 years, occu: service, R/o Sawarmal, Tq. Mukhed, Dist. Nanded Petitioner Versus 1 Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary 2 Sub divisional Officer, Degloor, Dist. Nanded Respondents WITH WRIT PETITION NO.10286 OF 2017 Jayshree d/o Venkatrao Suryawad, Age: 30 years, occu: education, R/o Naigaon, Tq. Naigaon, Dist. Nanded Petitioners versus 1 Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Member Secretary 2 Sub Divisional Officer, Biloli, Dist. Nanded Respondents WITH WRIT PETITION NO.10287 OF 2017 Sainath S/o Pandhari Pujarwad, Age: 24 years, occu: service, R/o Ratnali, Tq. Dharmabad, Dist. Nanded Petitioner

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	{2}	wp 10284.17 & ors.odt
	versus
1	Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through Its Member Secretary,
2	Sub Divisional Officer, Dharamabad, Dist. Nanded
3	Superintendent of Police, Sangli, Dist. Sangli	Respondents
	WITH WRIT PETITION NO.10289 OF	2017
Sada age: R/o Dist.	shiv S/o Mahajan Jakkewad, 60 years, occu: pensioner, Ghungrala, Tq. Naigaon, Nanded	Petitioners
	versus
1	Scheduled Tribe Certificate Scrutiny Committee, Aurangabad through Its Member Secretary
2	Sub Divisional Officer, Biloli, Tq. Biloli, Dist. Nanded	Respondents
	WITH WRIT PETITION NO.10296 OF	2017
Kish	an S/o Ramji Kopurwad,
age: R/o	40 yers, occu: service, Biloli, Tq. Biloli, Dist. Nanded	Petitioners
	versus
1	Scheduled Tribe Certificate Scrutiny Committee, Aurangabad through Its Members Secretary
2	Sub Divisional Officer, Biloli, Tq. Biloli, Dist. Nanded
3	Superintendent of Police,
	Beed, Dist. Beed	Respondents

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{3} wp 10284.17 & ors.odt

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WITH WRIT PETITION NO.10295 OF 2017

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Datta S/o Munjaji Vibhute, age: 53 years, occu: service, R/o Shirad Shahapur, Tq. Aundha, Dist. Hingoli Petitioner

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versus

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1 Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through Its Member Secretary

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2 Sub Divisional Officer, Basmathnagar, Tq. Basmathnagar, Dist. Hingoli. Respondents

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Mr.S.G. Phatale advocate for the petitioners Mr.S.G. Karlekar, Mr.S.B. Pulkundwar, Assistant Government Pleaders for Respondent Nos.1, 2 and 3

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

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(Date: August 21, 2017)

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ORAL JUDGMENT

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(Per: R.M. Borde, J)

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1 Heard.

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2 Rule. With the consent of the parties, petitions are taken up for final decision at admission stage.

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3 The petitioners are taking exception to the decision rendered by the scrutiny committee, directing invalidation of the tribe certificates issued to, certifying that they belong to

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{4} wp 10284.17 & ors.odt

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Mannervarlu or Koli Mahadev, scheduled tribe, on technical ground of occurrence of spelling mistake, or discrepancies in writing the nomenclature of the tribe in the certificate issued by the concerned Sub divisional Officer.

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4 The issue raised in these petitions 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, the instant petitions also deserve to be allowed and the same are accordingly allowed.

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5 The orders impugned in the instant petitions stand quashed and set aside. The Scrutiny Committee is directed to return the original tribe certificates produced by the petitioners before it, within four weeks from today. The petitioners shall tender an undertaking to the Scrutiny Committee that, the concerned petitioners would approach the concerned competent issuing authority for ratifying the spelling mistakes/discrepancies in recording the nomenclature of the tribe and shall produce the corrected certificates within a period of eight weeks from the date of receipt of the original certificates. The petitioners shall approach the concerned Sub divisional Officer for recording corrections in the tribe certificates already issued to them. The concerned Sub Divisional Officer shall issue corrected certificates

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{5} wp 10284.17 & ors.odt

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within a period of four weeks from the date of approach of the individual petitioners, without embarking upon any further enquiry in the matter. On receipt of corrected certificates, same shall be produced before the Scrutiny Committee, within a period of four weeks from the date of its receipt. The Scrutiny Committee shall, thereafter proceed to decide the claims of the petitioners for validation of the tribe certificates and render decision on the proposals, within a period of one year from the date of receipt of the corrected certificates together with proposals if any. It would be open for the petitioners to tender the corrected certificates and the proposal directly to the Scrutiny Committee and the Scrutiny Committee shall entertain the same and shall proceed to decide the matters on its own merit and shall not reject it on any technical grounds.

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Rule is made absolute in the above terms.

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There shall be no order as to costs.

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In the meanwhile, no coercive action be taken against the petitioners, merely on the ground of invalidation of the tribe certificates on technical grounds.

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( S. M. GAVHANE, J ) ( R. M. BORDE, J )

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vbd

Sainath Pandhari Pujarwad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad through Its Member Secretary and Others

Case brief

What is this about?

What did the court decide?

Sainath Pandhari Pujarwad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad through Its Member Secretary 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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