Bombay High Court
Purnima Chunnilal Deoraj vs The State Of Maharashtra And ... on 23 December, 2021
Bench: S.V. Gangapurwala, S. G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12632 OF 2021
Purnima Chunnilal Deoraj .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. S. R. Barlinge, Advocate for the Petitioner.
Mr. S. K. Tambe, AGP for Respondent Nos. 1 and 2.
Mr. Y. B. Bolkar, Advocate h/f Mr. A. B. Girase, Advocate for Respondent
No. 3.
WITH
WRIT PETITION NO. 8284 OF 2021
Madhavrao Rupchand Deoraj .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. S. R. Barlinge, Advocate for the Petitioner.
Mr. S. K. Tambe, AGP for Respondent Nos. 1 to 4.
CORAM : S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATED : 23rd DECEMBER, 2021.
PER COURT:-
. The petitioners in both the writ petitions are paternal relatives.
The tribe claims of the petitioners as belonging to "Tokre Koli"
(Scheduled Tribe) are invalidated. Aggrieved thereby the present
petitions.
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2. Mr. Barlinge, learned counsel for the petitioners submits that
there are five validity certificates issued to the family members of the
petitioners. Chhagan s/o Sitaram Deoraj the paternal cousin of the
petitioners had also applied for the validity certificate of "Tokre Koli"
(Scheduled Tribe). The same was invalidated. He filed Writ Petition
No. 2741 of 1991 challenging the invalidation of his tribe claim. The
Division Bench of this Court under judgment and order dated
31.03.1998 set aside the judgment of the scrutiny committee
invalidating the tribe claim of the petitioner and directed the
committee to issue validity certificate to Chhagan of "Tokre Koli"
(Scheduled Tribe). Another paternal cousin of the petitioners namely
Ujwal Vilas Deoraj had also applied for the validity certificate. The
committee had invalidated the tribe claim. He filed Writ Petition
No. 356 of 2021. This Court under judgment and order dated
13.01.2021 allowed the writ petition and directed the committee to
issue validity certificate to him. It is further submitted by the learned
counsel that Chunnilal father of Purnima - the petitioner in Writ
Petition No. 12632 of 2021 is also issued with the validity certificate of
"Tokre Koli" (Scheduled Tribe) by the scrutiny committee. Yogesh i.e.
the son of petitioner - Madhavrao in Writ Petition No. 8284 of 2021 is
also issued with the validity certificate of "Tokre Koli" (Scheduled
Tribe) by the committee. Another paternal cousin Jijabrao s/o Bhaskar
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is also issued with the validity certificate by the scrutiny committee. In
the wake of all these validity certificates it was erroneous on the part of
the committee to negative the claims of the petitioners. The learned
counsel relies on the judgment of the Division Bench of this Court in a
case of Apoorva Vinay Nichale Vs. Divisional Caste Certificate Scrutiny
Committee No. 1 and others reported in 2010 (6) Mh.L.J. 401 and
submits that the validity issued in favour of members of the family is a
relevant fact. The only exception is if earlier validity certificate is
stated by fraud or is granted without jurisdiction. In the present case,
there is no finding of fraud by the committee. When the father of the
petitioner in Writ Petition No. 12632 of 2021 is granted validity by the
committee the petitioner also needs to be granted validity. Only
because some documents were not produced earlier would not be a
ground to come to the conclusion that fraud is committed. The learned
counsel relies on the judgment of the Division Bench of this Court in
Writ Petition No. 8107 of 2019 dated 26.07.2021 delivered at Nagpur.
Further reliance is placed by the learned counsel on the judgment of
the Division Bench of this Court in a case of Pramodkumar
Narendrakumar Wagh and others Vs. State of Maharashtra and another
reported in 2015 (4) Mh.L.J. 949 and submits that when relatives are
granted validity certificates on the basis of the orders passed by the
High Court the scope and authority of the scrutiny committee in such
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matters is very limited.
3. The learned A.G.P. for respondents/State submits that the
petitioners did not bring it to the notice of the committee earlier that
the tribe claim of one of the paternal relative of the petitioners namely
Muktai d/o Gulab Deoraj was invalidated. She filed Writ Petition
No. 8776 of 2010. Under order dated 06.12.2010 the Division bench of
this Court dismissed the writ petition confirming the judgment of the
scrutiny committee in view of the contra evidence on record. The
committee has considered the contra evidence on record. In view of
the contra evidence on record the committee has come to the correct
conclusion. In addition, the petitioners have also failed in the affinity
test.
4. The relationship of the petitioners with the validity holders is not
disputed. The Division Bench of this Court in the year 1998 had
directed the committee to issue validity certificate to one of the
paternal relative of the petitioners namely Chhagan under judgment
and order dated 31.03.1998 in Writ Petition No. 2741 of 1991.
5. There appears to be some contra entries on record. Some of the
contra entries though not all were subject matter of vigilance in case of
paternal relatives of the petitioners to whom validity certificates are
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issued. In case of Chhagan Sitaram Deoraj, Hemangi Madhukar Deoraj
and Ujwal Vilas Deoraj the paternal relatives of the petitioners, the
validity certificates are issued under the orders of this Court, whereas,
under the orders of this Court the invalidation is confirmed in case of
one paternal relative namely Muktai d/o Gulab Deoraj. The reliance is
placed on the judgment of the Division Bench of this Court in a case of
Anil Shivram Bandawar in Writ Petition No. 8107 of 2019 dated
26.07.2021 to contend that failing to produce before the scrutiny
committee the old records does not amount to playing fraud while
seeking tribe validity certificate.
6. It is stated by the learned A.G.P. that the committee is
contemplating steps for review of the judgments of this Court wherein
validities are issued.
7. Considering the three judgments delivered directing issuance of
validity certificates i.e. the judgment prior to and subsequent to the
invalidation in case of Muktai d/o Gulab Deoraj and particularly the
orders passed in a case of Hemangi Madhukar Deoraj dated 03.08.2021
in Writ Petition No. 7307 of 2021 and order dated 13.01.2021 in Writ
Petition No. 356 of 2021, we follow the same course and pass the
following order.
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8. The committee shall issue validity certificates to the petitioners
of "Tokre Koli" (Scheduled Tribe).
9. In case, the judgment of this Court in Writ Petition No. 2741 of
1991 dated 31.03.1998 is reviewed and/or the claim of the paternal
relatives of the petitioners is subsequently invalidated after reopening
of the proceedings, then the committee may take appropriate steps
against the petitioners.
10. Writ petitions accordingly are disposed of. No costs.
( S. G. DIGE ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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