Bombay High Court
Varad Moglaji Shirshetwar 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. 8157 OF 2020
Varad S/o Moglaji Shirshetwar ... Petitioner.
Versus
The State of Maharashtra
and another ... Respondents.
....
Mr. S.R. Barlinge, Advocate h/f Mr. O.B. Boinwad, Advocate for the
Petitioner.
Mr. P.S. Patil, A.G.P. for Respondents / State.
....
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 04th FEBRUARY, 2021
PER COURT:-
1. The tribe claim of the petitioner as belonging to
"Mannervarlu", Scheduled Tribe is invalidated.
2. Mr. Barlinge, learned counsel for the petitioner submits that
there is not a single contra entry on record. All entries in the school
record of the petitioner's father, sister record caste as "Mannervarlu".
The committee has taken a doubt over the school entry of the father
of the petitioner. The same was the subject matter of the vigilance
while granting the validity to the father of the petitioner. The
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vigilance did not find any interpolation in the school record of the
father of the petitioner. Now the committee has taken a stand that
there is some interpolation in the school record of the father of the
petitioner. 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.
3. Mr. Patil, learned Addl. G.P. submits that the vigilance was
conducted in the present matter and they found that the entry of the
caste in the school record of the father of the petitioner is
interpolated. The same has been considered by the committee. The
petitioner also failed in the affinity test.
4. It is a matter of record that the vigilance was conducted before
granting the validity certificate to the father of the petitioner. The
vigilance in the case of the father of the petitioner did not find any
interpolation, and found the entry in the school record of the father of
the petitioner to be recorded as "Mannervarlu". The committee in the
present case found the said entry as interpolated. There are two
vigilance reports contrary to each other on record.
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5. The father of the petitioner is issued with the show cause notice
as to why his validity proceeding should be not re-opened.
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 petitioner of
"Mannervarlu" 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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