Allowed

Shankar Sayaram Pallewad v. the State of Maharashtra and Others

Bombay HC7 Aug 2017WP/8150/2017

Case brief

AI extract

What is this about?

The petitioner challenged the invalidation of his Scheduled Tribe Certificate on the ground of a spelling mistake. This Court allowed the petition, set aside the impugned order, and directed the Scrutiny Committee and Sub-Divisional Officer to facilitate correction of the certificate and re-evaluation within specified timelines without further enquiry.

What did the court decide?

The impugned order quashed; Scrutiny Committee to return certificate and permit correction of name and re-evaluation within one year without further enquiry.

Shankar Sayaram Pallewad Vs the State… — Constitutional and Fundamental Rights | Bombay HC (2017)

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( 1 ) wp8150.17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 8150 OF 2017

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`Sha`	`nkar s/o. Sayaram Pallewad` `..` `Petitioner`
`Age` `R/o` `Tq.`	`.24 years, Occ. Service,` `. Savli via Kundalwadi,` `Biloli, Dist. Nanded.`
	`Versus`
`1.`	`The State of Maharashtra` `..` `Respondents` `Through Secretary to Tribal` `Development Department,` `Mantralaya, Mumbai.`
`2.`	`The Scheduled Tribe Certificate` `Verification Committee, Aurangabad` `Through its Deputy Director [R]` `Aurangabad.`
`3.`	`The Sub Divisional Officer, Degloor,` `Dist. Nanded.`
`Mr.` `Mr.`	`U.B. Bilolikar, Advocate for the petitioner.` `A.V. Deshmukh, A.G.P. for respondent/State.`

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CORAM : R.M. BORDE &
S.M.GAVHANE,JJ.
DATED :07.08.2017

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

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1. Heard.

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2.Rule. With the consent of the parties, petition
is taken up for final disposal at the stage of admission.

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3.This petition is taking exception to the

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decision rendered by the Scrutiny Committee directing
invalidation of Tribe Certificate issued to the
petitioner as belonging to “Mannervarlu” - Scheduled
Tribe on technical ground of occurrence of spelling
mistake in recording name of the Tribe in the Certificate
issued to the petitioner by the Sub-Divisional Officer,
Degloor on 22.07.2009.

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4.The issue raised in the instant matter is no

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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 petition also deserves to
be allowed and the same is accordingly allowed.

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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

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to the Scrutiny Committee that he would approach the
concerned competent authority for ratifying the spelling

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mistake occurred in recording name of the Tribe and shall
produce corrected certificate within a period of eight

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weeks from the date of receipt of the original
certificate. The petitioner shall approach the Sub-
Divisional Officer, Degloor for recording corrections in

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the Certificate already issued to him. The Sub-
Divisional Officer, Degloor shall issue corrected

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certificate within a period of four weeks from the date

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of approach of the petitioner, without embarking upon
further enquiry in the matter. On receipt of corrected
Certificate, same shall be produced before the Scrutiny

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Committee within a period of four weeks from the date of
receipt. The Scrutiny Committee shall thereafter proceed

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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.

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6.Rule is made absolute accordingly in above

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terms. There shall be no order as to costs.

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7.In the meanwhile, no coercive action be taken
against the petitioner merely on the ground of
invalidation of Tribe Certificate on technical ground.

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[S.M.GAVHANE,J.]

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snk/2017/AUG17/ wp8150.17

Shankar Sayaram Pallewad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shankar Sayaram Pallewad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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