Bombay High Court
Pranav Datta Chukewad And Another vs The State Of Maharashtra And ... on 2 December, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
907-wp-8418-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 WRIT PETITION NO.8418 OF 2020
WITH CA/2122/2021 IN WP/8418/2020
PRANAV DATTA CHUKEWAD AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Mr. Mahesh Deshmukh h/f Mr. Chinchole
Ghanshyam K.
AGP for Respondents/State : Ms. V.N. Patil - Jadhav
...
CORAM : RAVINDRA V. GHUGE &
S.G. MEHARE, J.J.
DATED : 02nd DECEMBER, 2021
PER COURT:-
1. None present for the applicants in the civil application.
2. The learned AGP prays for time to call for the
papers/record and proceedings from respondent no.2 and go through
the same to be able to address the Court. Affidavit in reply is yet to be
filed.
3. The learned advocate for the petitioners submits that both
are biological brothers. Petitioner no.1 would be participating in the
CAP round for admission to the UG Engineering Course. Petitioner
no.2 has already passed his UG course and would be seeking
admission through CAP for the PG Course. The counseling session
would commence from 05.12.2021 and both the brothers necessarily
require validity certificates for participating in the said round.
907-wp-8418-2020.odt
4. It is undisputed that blood relatives namely Shri Ganesh
Madhavrao Chukewad, Shri Yogesh Madhavrao Chukewad, Shri
Sadashiv Gangadhar Chukewad, Ms. Shobha Gangadhar Chukewad
and Shri Vishwanath Maruti Chukewad have been granted validity
certificates as belonging to the Mannervarlu Tribe.
5. The learned AGP points out the paragraph on internal
page no.24 of the impugned judgment of the committee which
invalidated the claims of the petitioners and submits that all above
mentioned tribe validity holders are prima facie found to have indulged
in fraud, misrepresentation and suppression of documents while
acquiring the validity certificates. Each of them has been issued with
the notices by the committee in view of the law laid down by the
Hon'ble Apex Court in Raju Ramsing Vasave Vs. Mahesh Deorao
Bhivapurkar and Others (2008) 9 SCC 54, T. Vijendradas and
Others Vs. M. Subhramanian and Others, (2007) 8 SCC 751,
Rajeshwar Baburao Bone Vs. State of Maharashtra and Others
and Jyoti Sheshrao Mupde Vs. State of Maharashtra and Others,
holding that the committee has the inherent power to reopen such
cases only on the ground of fraud.
6. In light of the above, since this petition cannot be heard
tomorrow on account of the difficulty expressed by the learned AGP
and as the counseling session is to commence from 05.12.2021
(Sunday) and as a solemn statement has been made that a validity
certificate is necessary to participate in such counseling sessions, we
907-wp-8418-2020.odt
are directing the petitioners to enter specific affidavits as a precondition
for granting provisional certificates. The affidavit should contain the
following statements:
(a) The provisional certificate is sought in the light of the rules
applicable to CAP rounds.
(b) No rights or equities would be created in favour of the petitioners
by virtue of the provisional certificate.
(c) A decision in this writ petition would bind the petitioners and if, in
this litigation, they are found to be dis-entitled to the validity certificate
for Mannervarlu Scheduled Tribe, they would return all the benefits
drawn by them and the admissions to the professional courses by
virtue of such provisional certificates, would be cancelled and such
educational certificate/degree certificate, would stand confiscated.
7. Such affidavit shall be filed in this Court by tomorrow i.e.
03.12.2021 and copies should be supplied to the learned AGP.
Pursuant to these compliances, respondent no.2 shall issue provisional
tribe validity certificates so as to facilitate the participation of the
petitioners in the CAP rounds.
8. List this petition on 21.12.2021 for final hearing at
admission stage.
(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.)
Mujaheed//
