Case Note & Summary
The Petitioner, Hitendra Navsare, was issued a Scheduled Tribe Certificate on 28.03.2005 by the District Magistrate, Dhule, certifying him as belonging to the 'Tokare Koli (29)' tribe. The certificate contained a spelling error: 'Tokare' instead of 'Tokre', and the serial number was mentioned as '29' instead of '28'. The Petitioner applied for a Tribe Validity Certificate on 25.09.2007. A Vigilance Enquiry was conducted and concluded on 09.07.2009, which confirmed his tribal status. A show cause notice was issued on 15.11.2016, and the Petitioner replied on 15.09.2019. The case was transferred to a newly constituted committee at Dhule, which by order dated 08.09.2022 cancelled and confiscated the Tribe Certificate solely on the ground of the spelling error. The Petitioner challenged this order before the Bombay High Court. The Court observed that the error was committed by the issuing authority, not the Petitioner, and that the Vigilance Enquiry had confirmed his tribal status. The Court termed the Committee's action as 'atrocious' and 'capitalising on one's own wrong'. The learned AGP submitted that the decision was not intentional but based on the requirement that the spelling must match the Presidential Order. The Court relied on its earlier directions in Satish Baliram Jadhav v. State of Maharashtra (WP No.12624/2022) and directed the Committee to restore the certificate and issue a Validity Certificate within two weeks, with liberty to simultaneously correct the spelling. The Court allowed the writ petition with costs of Rs.25,000 to be paid to the Petitioner by the State.
Headnote
A) Scheduled Tribes - Validity of Tribe Certificate - Spelling Error - The Committee cancelled the Petitioner's Tribe Certificate on the ground that the tribe name was spelt as 'Tokare' instead of 'Tokre' due to a mistake by the issuing authority. The Court held that such action amounts to capitalising on one's own wrong and is atrocious. The Court directed the Committee to restore the certificate and issue a validity certificate within two weeks. (Paras 2-5) B) Scheduled Tribes - Validity Certificate - Directions - The Court relied on its earlier directions in Satish Baliram Jadhav v. State of Maharashtra (WP No.12624/2022) regarding correction of spelling errors in Tribe Certificates. The Court directed that the Petitioner be issued a Validity Certificate within two weeks, and the Committee may simultaneously correct the spelling. (Paras 4-5)
Issue of Consideration
Whether a Scheduled Tribe Certificate can be cancelled and confiscated solely on the ground of a spelling error in the name of the tribe, when the error was committed by the issuing authority and the Vigilance Enquiry confirmed the tribal status.
Final Decision
The Court allowed the writ petition, quashed the order dated 08.09.2022, and directed the Committee to restore the Tribe Certificate and issue a Validity Certificate within two weeks. The Committee may simultaneously correct the spelling. The State was directed to pay costs of Rs.25,000 to the Petitioner.
Law Points
- Scheduled Tribe Certificate
- spelling error
- invalidation
- own wrong
- capitalising on own wrong
- validity committee
- presidential order
- correction of certificate
