Ashutosh Rajendra Chavan And ... vs The State Of Maharashtra And ...
2017 Latest Caselaw 1259 Bom

                                                                  905wp7291-16.odt
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD
                         WRIT PETITION NO. 7291 OF 2016

1.      Ashutosh s/o Rajendra Chavan                         
        Age 18 Years, Occu:  Student,
        R/o 39, Swami Samarth Nagar,
        Dhule Road, Chalisgon, Dist. 
        Jalgaon

2.      Jitendra s/o Bapurao Chavan,               ...  Petitioners 
        Age 50 years, Occu: Nil
        R/o 39, Swami Samarth Nagar, 
        Dhule Road, Chalisgaon Dist. 
        Jalgaon.

        VERSUS

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

2.      The Scheduled Tribe 
        Certificate Scrutiny 
        Committee, Nandurbar Division, 
        Nandurbar

3.      The Director of Medical                    ...        Respondents.
        Education and Research,
        Maharashtra  State, Mumbai
         
4.      The Maharashtra University of 
        Health Science,  Nashik
        Through its Registrar


Advocate for Petitioner : Mr.Pathan Yunus Baasheer
AGP for Respondents State: Mr. P. S. Patil
Advocate for Respondent No.2 :  Mr. S. T. Shelke

                                    CORAM   :  R. M. BORDE & 
                                                K. L. WADANE, JJ.
                                     DATE   :   29th March, 2017


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                                                              905wp7291-16.odt
JUDGMENT (Per R. M. Borde, J.):                   

1. Rule. Rule made returnable forthwith.

2. With the consent of the parties, taken up for

final disposal.

3. The petitioners are objecting to the order

passed by the Scrutiny Committee on 12.05.2016

directing invalidation of the tribe certificates issued

to the petitioners. The petitioners claim to belong to

Koli Mahadev, Scheduled Tribe category and are in

receipt of Scheduled Tribe certificates, issued by the

Competent authority. Since the petitioner No.1 was

desirous of securing admission to professional course

and in respect of petitioner No.2 for election purpose,

their caste certificates have been referred to the

Scrutiny Committee for verification. Scrutiny

Committee, after considering the evidence placed on

record by the petitioners, directed invalidation of

their tribe claims, which order is impugned in the

present petition. Petitioner No.2 is real uncle of

petitioner No.1.

4. This petition deserves to be allowed only on the

ground that this Court, while dealing with Writ

Petition No. 1134 of 2010 (Pranav s/o Rajendra Chavan

905wp7291-16.odt Vs. state of Maharashtra), decided on 15th October,

2012, directed issuance of validation certificate in

favour of real brother of the petitioner No.1. In the

said matter, identical order passed by the Scrutiny

Committee, invalidating tribe certificate issued in

favour real brother of the petitioner No.1 by name

Pranav Rajendra Chavan was directed to be quashed.

Reference also needs to be made to the judgment of this

Court in the matter of Rajendra Bapurao Chavan Vs.

State of Maharashtra (Writ Petition No. 1411/2016

decided on 4th February, 2016). In both those

decisions, one of us (R. M. Borde, J) was a party.

5. This Court, in the matter of Rajendra Bapurao

Chavan in Writ Petition No. 1411/2016, while quashing

the order passed by the Scrutiny Committing

invalidating Tribe Certificate issued in favour of the

petitioner therein, has directed issuance of validation

certificate. Since the real brother and father of the

petitioner No.1 and real brother of Petitioner No.2

have been directed to issue tribe validation

certificates, there is no reason, as to why such

direction shall not be issued in favour of the present

petitioners.

905wp7291-16.odt

6. This Court, while dealing with the cases of

Pranav and Rajendra, has dealt with documentary

evidence placed on record, so also the alleged adverse

entries in the record pointed out on behalf of the

State. Reasoned orders passed by this Court in the

aforesaid writ petitions i.e. Writ Petition

No.1134/2010 and Writ Petition No. 1411/2016 have not

been upset by the Supreme Court and those orders have

attained finality.

7. There is abundant evidence placed on record to

substantiate the claims of the petitioners. Apart from

the aforesaid two judgments on which reliance is

placed, it would also be necessary to refer the

judgment in the matter of Apoorva d/o Vinay Nichale Vs.

Divisional Caste Certificate Scrutiny Committee No.1 &

others reported in 2010(6) Mh.L.J. 401, wherein the

Division Bench of this Court has adopted a view that in

the event of issuance of caste validation certificate

in favour of a blood relation of the certificate

holder, there is no logic in refusing to issue

validation certificate in favour of another blood

relation.

8. The Scrutiny Committee, acceding to us, has

905wp7291-16.odt committed gross illegality in refusing to take into

account the decisions rendered by this Court in Writ

Petition No.1134/2010 and Writ Petition No. 1411/2016-

in the matter of father and real brother of the

petitioners.

9. In view of the above, the order impugned in

this petition, passed by Respondent No.2 Scrutiny

committee, refusing to issue validation certificates in

favour of the petitioners is quashed and set aside.

The Scrutiny Committee is directed to issue validation

certificates in favour of the petitioners, as

expeditiously as possible, preferably within a period

of eight weeks from today. Rule made absolute

accordingly.

10. In the facts and circumstances of the case,

there shall be no order as to costs.

 (K. L. WADANE, J.)                   (R. M. BORDE, J. ) 


JPC