Bombay High Court
Saili Santosh Katamwad Thr Her ... vs Director Of Medical Education And ... on 3 December, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1012 WRIT PETITION NO.4681 OF 2021
SAILI SANTOSH KATAMWAD THRHER NATURAL GUARDIAN FATHER
SANTOSH SHANKARRAO KATAMWAD
VERSUS
DIRECTOR OF MEDICAL EDUCATON AND RESEARCH AND OTHERS
...
Advocate for Petitioner : Mr. S.S. Phatale
AGP for Respondents 1 & 3 : Mr. P.S. Patil
Advocate for Respondent 2 : Mr. M.D. Narwadkar
...
CORAM : S.V. GANGAPURWALA &
R.N. LADDHA, JJ.
DATED : 03/12/2021.
PER COURT :
. The caste claim of the petitioner as 'Koli Mahadev',
Scheduled Tribe is invalidated.
2. Mr. Phatale, learned advocate for the petitioner submits
that the petitioner's father and real paternal uncle are issued with
validity certificate of 'Koli Mahadev' Scheduled Tribe. The contra entry
relied by the Committee while invalidating the claim of the petitioner
was subject matter of the proceeding when the father of the petitioner
was issued with the validity certificate. Father of the petitioner did not
suppress any material fact. The learned counsel relies on the judgment
in case of Apoorva Nichale Vs. Divisional Caste Scrutiny Committee
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reported in (2010) 6 Mh.L.J. 401 to contend that if the validity is
granted to the near relative, the same is relevant fact. The learned
counsel submits that in case of father of the petitioner the Committee
came to the conclusion that he has proved the affinity test. The
learned counsel submits that even otherwise, the affinity test is not the
litmus test. The learned counsel relied on the decision of the Apex
Court in the case of Anand Vs. Committee for Scrutiny and
Verification of Tribe claims, reported in (2012) 1 SCC 113.
3. Mr. P.S. Patil, learned AGP submits that there are contra
entries on the record. Contra entries are the subject matter while
issuing validity certificate to the father of the petitioner. In respect of
father of the petitioner, one contra entry is on record. However, in
respect of other entry, no interpolation is on the record. The learned
AGP submits that the petitioner could not prove the affinity test.
4. It appears that contra entry in respect of grandfather of
the petitioner and one entry of the father of the petitioner were on
record while issuing validity certificate to the father of the petitioner.
Even vigilance was conducted in respect of the contra entries and
thereafter, the validity certificate was issued to the father of the
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petitioner. The real paternal uncle of the petitioner is also issued with
the validity certificate of Koli Mahadev Scheduled Tribe. It does not
appear that there was suppression of material entries while issuing
validity certificate to the father of the petitioner. The validity issued to
the near relative is a relevant factor. In the light of above, we pass the
following order.
ORDER
(I) The Committee shall issue validity certificate to the
petitioner of the 'Koli Mahadev' Scheduled Tribe immediately.
(II) The said validity certificate would be subject to the
decision that would be taken by the Committee in the proceedings re-
opened of the validity holders relied by the petitioner.
(III) Writ petition is disposed of. No costs.
[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]
ssc/
