Bombay High Court
Sandhya Balajai Naikwad vs The State Of Maharashtra Thr Its ... 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. 2047 OF 2021
Sandhya D/o Balaji Naikwad ... Petitioner.
Versus
The State of Maharashtra
and others ... Respondents.
....
Mr. C.R. Thorat, Advocate for the Petitioner.
Mr. S.G. Karlekar, 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 petitioners as "Koli Mahadev" Scheduled
Tribe is invalidated.
2. Learned counsel for the petitioner submits that the father and
the uncle of the petitioner are issued with the validity certificates of
"Koli Mahadev" Scheduled Tribe. The vigilance was conducted at the
time of issuing validity certificate to the father of the petitioner. The
entries on which the committee has relied upon while invalidating the
caste claim of the petitioner were the subject matter of consideration
while granting the validity to the father of the petitioner. While the
vigilance was conduced in the case of the father of the petitioner, the
vigilance did not find interpolation. According to the learned counsel
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for the petitioner, the entries since 1963 in the school record of the
grandfather and the father of the petitioner, records the caste as "Koli
Mahadev". The learned counsel for the petitioner placed 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. Mr. Kale, learned A.G.P. submits that the school record of the
petitioner's grandfather Kishan is manipulated. The word "Mahadev"
is added in a different ink. The vigilance has found the same and a
coloured photo copy is also obtained. There are three school entries of
the petitioner's grandfather Kishan that are found to be interpolated.
The vigilance has considered the said aspect. The petitioner also could
not prove his affinity test. The validity issued to the father of the
petitioner is on the basis of the validity issued to the relatives from
the maternal side.
5. It appears that while issuing validity to the father of the
petitioner, the vigilance was conducted and the present entries, which
the committee found to be interpolated in the school record of the
grandfather of the petitioner were also the subject matter of
consideration by the vigilance in case of the father of the petitioner.
The vigilance report in the case of the father of the petitioner does not
detail any interpolation. There are two vigilance report contrary to
each other on record. It is also submitted that show cause notices are
issued to the father and uncle of the petitioner to whom the validity
certificates are issued.
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6. In the light of that, we pass the following order.
7. The impugned order is quashed and set aside. The scrutiny
committee shall issue validity certificate to the petitioners of "Koli
Mahadev" Scheduled Tribe immediately.
8. 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.
9. Writ petition is disposed of. No costs.
( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
S.P. Rane
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