Bombay High Court
Swamini Sureshrao Chintalwad vs The State Of Maharashtra And ... on 8 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. 2434 OF 2021
Swamini Sureshrao Chintalwad ...Petitioner
Versus
The State of Maharashtra and Ors. ...Respondents
Mr P.V. Jadhavar, Advocate for Petitioner
Mr S.K. Tambe, A.G.P. for Respondent-State
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 8th FEBRUARY, 2021
PER COURT :
1. The caste claim of the petitioner as belonging to "Koli Malhar",
Scheduled Tribe is invalidated.
2. Amongsts other submissions, one of the submissions made by
the learned counsel for the petitioner is that the real uncle's daughter of
the petitioner namely, Hindavi d/o Shivaji Chintalwad had also applied for
issuance of validity certificate of "Koli Malhar" Scheduled Tribe. Her tribe
claim was invalidated. She filed writ petition bearing No. 9203/2019 before
the Principal Seat. The Division Bench at the Principal Seat under the
judgment and order dated August 21, 2019 allowed the said writ petition
and directed the Committee to issue validity certificate to Hindavi.
3. Upon perusing the judgment, the learned Assistant Government
pleader accepts relationship of the present petitioner with Hindavi d/o
Shivaji Chintalwad.
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4. The Division Bench under order dated August 21, 2019 in writ
petition No. 9203 of 2019 filed by Hindavi observed thus -
6. The learned Government Pleader submits that since some
interpolation is noticed in the school record of Satish and
Mukesh, the Committee has issued a show cause notices to
them. We find that the Committee has not recorded specific
findings as regard possibility of some interpolation. Be that as
it may, we have noticed that Satish and Mukesh Chintalwad
have already been granted caste validity certificates. Thus in
our considered view, the reason assigned by the Committee
for rejection of the petitioner's claim cannot be sustained as it
runs contrary to the view taken by the Division Bench of this
Court in the case of Apoorva Vinay Nichale (Supra).
7. In the circumstances, in the light of the law laid down by
the judgments in Apoorva Nichale, Anand and Raju
Ramsing Vasave (supra), the petitioner is entitled to be
granted caste validity certificate forthwith. However, the
issuance of the certificate shall be subject to the outcome of
the show cause notices which have been issued against
Satish and Mukesh by the Committee as the caste validity
certificate issued to Satish and Mukesh are found to be based
on interpolation/adverse entries.
5. In light of the above, we pass the following order :-
ORDER
(i) The Committee shall issue validity certificate to the petitioner of
"Koli Malhar" Scheduled Tribe immediately.
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(ii) The said validity certificate shall 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.
6. Writ Petition is disposed of. No costs.
[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]
mta
