Disposed

Tejas Laxman Kolod through Father Laxman Ramchandra Kolod and Others v. the State of Maharashtra and Another

Bombay HC4 Feb 2019WP/1534/2019

Case brief

AI extract

What is this about?

Fixed-writ petitions concerning Scheduled Tribe candidates seeking correction of erroneous spelling in their caste certificates. The Court directed subordinate authorities to issue corrected certificates within four weeks.

What did the court decide?

Direction to issue corrected Scheduled Tribe certificates within four weeks of receipt of application.

Tejas Laxman Kolod through Father… — Constitutional and Fundamental Rights | Bombay HC (2019)

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wp1482.19

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1482 OF 2019 MADHAV S/O. SHIVAJIRAO DESHATWAD VERSUS

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THE STATE OF MAHARASHTRA AND ORS.

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WITH

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WRIT PETITION NO. 1484 OF 2019 MAHESHWARI D/O. MADHAVRAO YADPALWAR & ANR. VERSUS

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THE STATE OF MAHARASHTRA AND ORS.

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WITH

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WRIT PETITION NO. 1485 OF 2019 RAJESHWAR S/O. PIRAJI KOLOD VERSUS THE STATE OF MAHARASHTRA AND ORS.

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WITH

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WRIT PETITION NO. 1533 OF 2019 ARCHANA D/O. PRAKASH MITKE VERSUS

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THE STATE OF MAHARASHTRA AND ORS.

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WITH

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WRIT PETITION NO. 1534 OF 2019
TEJAS S/O. LAXMAN KOLOD & ORS.
VERSUS

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THE STATE OF MAHARASHTRA AND ORS.

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Mr.S.M. Vibhute, Advocate for the petitioners.
Ms.R.P. Gaur, AGP for respondent/State.

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CORAM : PRASANNA B. VARALE &
S.M.GAVHANE,JJ.
DATED :04.02.2019

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P.C. :-

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1.As an identical issue is involved in these

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petitions, the petitions are taken up together for
disposal.

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2.The facts which are not in dispute are that the
petitioners are students and prosecuting their studies in
various courses. The petitioners belong to Mannervarlu –
Scheduled Tribe and are possessing tribe certificates,

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but as these certificates refer to an erroneous spelling

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i.e. instead of “Mannervarlu”, word “Mannerwarlu” is

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referred to in the certificates. The State Government
considering this very issue, issued Government Resolution

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dated 22.06.2016 and directed all the competent

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authorities in the State of Maharashtra to issue caste

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certificate to the candidates in the prescribed format.

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It is also directed that the competent authority may
obtain earlier certificates from the candidates, which
might have been issued as per the Rules of 2003, but
referring to erroneous nomenclature, the competent
authorities are further directed to issue proper
certificates to these candidates in the prescribed format
referring to the tribe and its numbers.

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3.Learned Counsel for the petitioners then

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submitted that various orders are also passed by the
Division Bench of this Court directing the competent
authorities to issue certificates to the candidates.

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These petitioners have approached the Sub-Divisional
Officer by submitting applications for issuance of
certificate with corrected reference to the scheduled
tribe as Mannervarlu, in the prescribed format. Learned
Counsel invited our attention to the order of the

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Division Bench in Writ Petition No.12472 of 2018. Mr.
Vibhute, learned Counsel submitted that the petitioners

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on the line of order dated 27.11.2018 undertake to tender

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on-line application to the Sub-Divisional Officer for

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issuance of tribe certificate. Learned Counsel Mr.
Vibhute submitted that petitioner – Maheshwari Madhavrao
Yadpalwar had already submitted application through on-
line process on 27.11.2018 for fresh consideration by the
authority and to avoid rider of earlier application,
petitioner – Maheshwari would submit fresh on-line
application against to the Sub-Divisional Officer for
issuance of tribe certificate.

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4.On tendering of application as well as

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presenting of hard copy of the application along with
tribe certificate already issued to the petitioner with
entry as “Mannerwarlu”, the Sub-Divisional Officer
without embarking upon further inquiry into the matter,

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shall issue corrected certificate recording name as
“Mannervarlu” as expeditiously as possible, preferably,
within four weeks from the date of tender of the
application.

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5.With these directions, the writ petitions are

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disposed of.

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[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.]

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snk/2019/FEB19/wp1482.19

Tejas Laxman Kolod through Father Laxman Ramchandra Kolod and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Tejas Laxman Kolod through Father Laxman Ramchandra Kolod and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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