Bombay High Court
Vaishnavi Arun Mahale (Since ... vs State Common Entrance Test Cell ... on 2 December, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 wp 13260.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
941 WRIT PETITION NO.13260 OF 2021
VAISHNAVI ARUN MAHALE (SINCE MINOR) REPRESENTED
THROUGH NATURAL GUARDIAN I.E. FATHER ARUN
DHARMASING MAHALE AND ANOTHER
VERSUS
STATE COMMON ENTRANCE TEST CELL AND OTHERS
...
Advocate for Petitioners: Mr. Deshmukh Mahesh S.
Advocate for Respondent No. 1: Mr. S. G. Karlekar
AGP for Respondents/State: Mr. A. R. Kale
...
CORAM: S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE: 02nd DECEMBER, 2021
PER COURT:
1. The tribe claims of the Petitioners as
Thakur, Scheduled Tribes are invalidated. The
learned Counsel submits that the school record of
the cousin grandfather of the Petitioners Shrawan
of the year-1922 records caste as Thakur. The
school record of great grandfather of the
Petitioners Vitthal Krushna Thakur of the year-
1903 records caste as Thakur, so also, in case of
other cousin grandfathers namely Chinda Dhada
Thakur and Dharamsing Vitthal Thakur the caste is
recorded as Thakur in their school records in the
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year-1946. According to the learned Counsel, the
Petitioners have disputed relationship in their
say filed to the Vigilance Report with Devidas
Bhuta Thakur and Udaysing Vithhal Thakur, so also,
other relatives shown in the vigilance. In case of
paternal cousin of the Petitioners namely Nitin
S/o. Shriram this Court had directed the Committee
to issue validity certificate to him in Writ
Petition No. 793 of 2012. The father of the
Petitioners is also issued with the validity
certificate of Thakur, Scheduled Tribe.
2. The learned A.G.P. submits that the
Petitioners have failed in the affinity test.
There are contra entries on record which were
suppressed at the time of getting validity by the
father in the matter before this Court of Nitin
S/o. Shriram. The Petitioners also does not belong
to the area where the persons of Thakur, Scheduled
Tribe community resides.
3. The learned A.G.P. submits that the Committee
is also taking steps to file the Review Petition
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of the Judgment delivered in the case of Nitin
S/o. Shriram.
4. We have considered the submission canvassed
by the learned Counsel for respective parties.
5. It is not disputed that the father of the
petitioners has been issued with the validity
certificate of Thakur, Scheduled Tribe. The
paternal cousin of the Petitioners namely Nitin
had filed Writ Petition No. 793 of 2012 against
the invalidation of his caste claim. This Court in
it's Judgment and Order dated 31.07.2017 allowed
the Writ Petition and directed the Committee to
issue validity certificate to him. The old school
records of the Petitioners great grandfather,
grandfather, cousin grandfather from the year-1903
records caste as Thakur. The Committee has issued
validity certificate to the father of the
Petitioners. The show cause notice has been issued
to the father of the Petitioners and the other
validity holders relied by the Petitioners.
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6. In light of that, we pass the following
order.
7. The Committee shall issue validity
certificates to the Petitioners of Thakur,
Scheduled Tribes.
8. The said validity certificates shall be
subject to the decision that may be taken by the
Committee in the proceedings reopened of the
validity holders relied by the Petitioners and in
Review that may be filed by the Committee in case
of Nitin S/o. Shriram.
9. Writ Petition accordingly stands disposed of.
No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
marathe
