Bombay High Court
Raj Goraksnath Sapkale vs The Scheduled Tribe Certificate ... on 19 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1
W.P.ST.375-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION ST.NO. 375 OF 2021
Raj Gorakshnath Sapkale ..Petitioner
Versus
The Scheduled Tribe Certificate
Scrutiny Committee, Nandurbar,
through it Member Secretary and ors. ..Respondents
Mr B.S. Deshmukh, Advocate for petitioner
Mrs V.S. Choudhary, A.G.P. for respondent no.1
Mr A.B. Dhongade, Advocate for respondents no.2 and 3
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 19th January 2021
PER COURT :
1. Mr Deshmukh, learned Counsel for the petitioner submits that the father
of the petitioner is issued with the validity certificate of 'Tokre Koli' - Scheduled
Tribe. The real uncle of the petitioner Pundalik is issued with the validity
certificate, so also Mahesh, son of another real uncle of the petitioner is issued
with the validity certificate. The contra entries, which the Committee has
referred to of Gorakshnath and Tulshiram were also subject matter of
consideration while granting validity to Gorakshnath. The said entries were not
suppressed. Learned Counsel relies on the judgment in case of Apoorva d/o
Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1
and others, reported in 2010 (6) Mh.L.J. 401 to submit that validity granted to
the paternal relative is a relevant factor.
2. The learned Counsel further submits that affinity test is not a litmus test.
3. Learned A.G.P. submits that there is contra entries on record of pre-
Constitutional era, which says that grandfather of the petitioner belongs to Koli -
S.B.C. and not 'Tokre Koli'. The petitioner failed in the affinity test. The
W.P.ST.375-2021
Committee has considered all these aspects and has rightly negatived the claim
of the petitioner.
4. We have also heard learned Counsel Mr Dhongade for respondents no.2
and 3.
5. It is a matter of record and fact that the father of the petitioner, real uncle
of the petitioner and son of another real uncle of the petitioner are issued with
the validity certificate of 'Tokre Koli' - Scheduled Tribe. The vigilance report in
case of father of the petitioner Gorakshnath is placed on record. It appears that
the contra entries of Koli appearing in the school record of Gorakshnath and
Tulshiram were subject matter of consideration while granting validity certificate
to Gorakshnath, father of the petitioner.
6. It is also further observed by the Committee that the show cause notices
are issued to the validity holders relied by the petitioners.
7. In light of above, we pass the following order.
8. The impugned order qua the petitioner is quashed and set aside.
9. The Committee shall issue validity certificate to the petitioner of 'Tokre
Koli' - Scheduled Tribe immediately.
10. 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 petitioner.
11. Writ Petition disposed of. No costs.
( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.)
vvr
