Bombay High Court
Sudarshan Suresh Akhadmal vs The State Of Maharashtra And ... on 4 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2276 OF 2021
Sudarshan Suresh Akhadmal ... Petitioner.
Versus
The State of Maharashtra
and others ... Respondents.
....
Mr. Pratap V. Jadhavar, Advocate for the Petitioner.
Ms. V.S. Chaudhari, A.G.P. for Respondents / State.
....
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 04th FEBRUARY, 2021
PER COURT:-
1. The caste claim of the petitioner as "Tokre Koli" Scheduled
Tribe is invalidated.
2. Mr. Jadhavar, learned counsel for the petitioner submits that
the father of the is issued with the validity certificate of "Tokre Koli"
Scheduled Tribe. The vigilance was conduced before the issuance of
validity to the father of the petitioner. The school record of Manga
Baliram and Suresh Manga were also the subject matter of
consideration by the vigilance in case of the father of the petitioner.
In that case, the vigilance found the caste recorded as "Tokre Koli" in
the school record of Manga Baliram so also the father of the petitioner
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Suresh Manga. The oldest entry in respect of cousin grandfather
namely Devidas in the school record of the year 1948, wherein the
caste is recorded as "Tokre Koli". The learned counsel for the
petitioner has placed his reliance on the judgment of the Division
Bench of this Court in case of Apporva D/o. Vinay Nichale Vs.
Divisional Caste Certificate Scrutiny Committee No.1 and others,
reported in 2010(6) and submits that the validity issued in favour of
the paternal relatives is a relevant fact.
4. The learned A.G.P. submits that the vigilance has found the
entry of caste recorded as "Koli" in the school record of the
grandfather of the petitioner and the father of the petitioner. The
same are the contra entries. The show cause notice is issued to the
father of the petitioner as to why his validity certificate should not be
cancelled. The petitioner has failed in the affinity test.
5. We have considered the submissions.
6. It appears that the committee has relied upon the school record
of Manga Baliram and Suresh Manga while invalidating the caste
claim of the petitioner. The vigilance has found the caste recorded as
"Hindu Koli" in their school record. The vigilance in case of the father
of the petitioner has observed that the caste recorded as "Hindu Tokre
Koli". In the school record of Manga Baliram, the caste recorded as
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"Hindu Tokre Koli". There are two contrary vigilance report on record.
The oldest entry appears to be of year 1948 in the name of the cousin
grandfather of the petitioner namely Devidas, wherein the vigilance in
the present case has also found caste recorded as "Tokre Koli". The
show cause notice is issued to the father of the petitioner.
7. In the light of that, we pass the following order.
8. The impugned order is quashed and set aside. The committee
shall issue validity certificate to the petitioner of "Tokre Koli"
Scheduled Tribe immediately.
9. 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 petitioners.
10. Writ petition is disposed of. No costs.
( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
S.P. Rane
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