Bombay High Court
Ganesh Dnyanoba Boyane vs The State Of Maharashtra And ... on 22 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1 wp 1353.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1021 WRIT PETITION NO. 1353 OF 2021
GANESH DNYANOBA BOYANE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Yeramwar Sushant C.
AGP for Respondents/State: Mr. P. S. Patil
...
CORAM: S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE: 22nd JANUARY, 2021
PER COURT:
1. The caste claim of the petitioner as
belonging to Koli Mahadev, Scheduled Tribe is
invalidated.
2. Amongst the other grounds, Mr. Yeramwar, the
learned Counsel submits that the real brother of
the petitioner Mahesh S/o. Dnyanoba had earlier
applied for issuance of validity certificate of
Koli Mahadev, Scheduled Tribe, the same was
invalidated. He filed the writ petition bearing
no. 9364 of 2019 before the Principal Seat. The
same is allowed under order dated 26.08.2019.
2 wp 1353.2021
3. We have also heard the learned A.G.P. for the
respondents.
4. The learned A.G.P. does not dispute the
relationship of the present petitioner with Mahesh
S/o. Dnyanoba as the real brother.
5. The Division Bench of this Court under order
dated 26.08.2019, passed in writ petition bearing
no. 9364 of 2019 filed by the real brother of the
petitioner observed thus-
"6. The learned Government Pleader submits
that since some interpolation is noticed in
the school record of Petitioner's father
Dnyanoba Vaijinath Boyane and brother Navnath
Dnyanoba Boyane, the Committee has issued
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 the
Petitioner's father Dnyanoba Vaijinath Boyane
and brother Navnath Dnyanoba Boyane 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 vs. Committee and Raju Ramsing
3 wp 1353.2021
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 the father Dnyanoba Vaijinath
Boyane and brother Navnath Dnyanoba Boyane by
the Committee as the caste validity
certificates issued are found to be based on
interpolation/adverse entries."
6. In light of the above, we follow the same
course.
7. The impugned order is quashed and set aside.
8. The Committee shall issue validity
certificate to the petitioner of Koli Mahadev,
Scheduled Tribe immediately. The said 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.
9. Writ Petition is accordingly disposed of. No
costs.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
marathe
