Shivhar Dnyandev Ghante And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 1971 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 1575 OF 2021

 1.       Shivhar S/o Dnyandev Ghante
          Age - 22 years, Occu. Education

 2.       Sachin S/o Dnyandev Ghante
          Age - 20 years, Occu. Education

 3.       Shrikrushana Dnyandev Ghante
          Age - 18 years, Occu. Education

          All R/o. Ekurga, Taluka Tuljapur,
          District Osmanabad                                     .. Petitioners

          Versus

 The State of Maharashtra
 and another                                                     .. Respondents

 Mr. D. D. Choudhary, Advocate for the Petitioners.
 Mr. A. R. Kale, AGP for Respondent Nos. 1 and 2.

                               CORAM :    S. V. GANGAPURWALA &
                                          SHRIKANT D. KULKARNI, JJ.

DATED : 29th JANUARY, 2021.

PER COURT:-

. The tribe claims of the petitioners as belonging to "Koli

Mahadev" (Scheduled Tribe) are invalidated.

2. Mr. Choudhary, learned counsel for the petitioners submits that

the father of the petitioners is issued with the validity certificate of

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"Koli Mahadev" (Scheduled Tribe). The paternal cousins namely Gopal

Ramesh, Omprakash Ramesh and cousin paternal aunt namely Shrimati

Sulochana are also issued with the validity certificates of "Koli

Mahadev" (Scheduled Tribe). The learned counsel further submits that

one paternal cousin namely Govind S/o Ashok had also applied for

validity certificate of "Koli Mahadev" (Scheduled Tribe). The same was

invalidated. However, the old document of 1341 fasli of cousin great

grandfather of the petitioners was not produced. The same was

produced in the case of Gopal. The vigilance was conducted. The

vigilance found the document to be genuine. No interpolation was

found in the said document. After conducting vigilance the validity was

issued. The learned counsel submits that the pre-constitutional

documents support the case of the petitioners. The school record of the

petitioners father, the petitioners and their other relatives records tribe

as "Koli Mahadev" (Scheduled Tribe). The petitioners rely on the

judgment of the Division Bench of this Court in case of Apoorva Vinay

Nichale Vs. Divisional Caste Certificate Scrutiny Committee No. 1 and

others, reported in 2010 (6) Mh. L. J. 401.

3. The learned A.G.P. submits that the earlier validity holders relied

by the petitioners suppressed the invalidation of the tribe claim of

Govind S/o Ashok. The validities obtained by suppression of the earlier

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invalidation will not carry any meaning. If the invalidation of Govind

S/o Ashok would have been brought to the notice of the committee,

then the committee would not have validated the tribe claim of the

paternal relatives of the petitioners. The learned A.G.P. further submits

that the matter be remitted back for conducting vigilance of the

documents of the grandfather of Gopal namley Marutirao i.e the death

register of 1341 fasli. The petitioners have failed in the affinity test

also.

4. We have considered the submissions canvassed by the learned

counsel for respective parties.

5. It appears that the father of the petitioners and other paternal

relatives of the petitioners while obtaining validity certificates had not

mentioned invalidation of tribe claim of Govind S/o Ashok. It also

appears that in case of Govind S/o Ashok pre-constitutional document

i.e. the death extract of the grandfather of Gopal namely Marutirao was

not placed before the committee wherein the tribe is recorded as "Koli

Mahadev". The old document will have more probative value. There

are other contra entries also on record. It appears that those contra

entries were subject matter of consideration. It appears that some of

the contra entries referred to by the committee in the present matter

were subject matter of consideration while granting validity to Gopal.

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6. Considering the oldest document of 1341 fasli of which vigilance

was also conducted in case of Gopal and the vigilance at that time did

not find any interpolation and considering the case of Apoorva Vinay

Nichale (supra), so also the fact that show cause notices are issued to

the validity holders and petitioners are seeking admission in the

professional course, we pass the following order.

7. The impugned order is quashed and set aside. The committee

shall issue validity certificates to the petitioners of "Koli Mahadev"

(Scheduled Tribe). The said validity certificates 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 and in that

event, fresh vigilance in document of 1341 fasli can be conducted.

8. Writ petition is disposed of. No costs.

 ( SHRIKANT D. KULKARNI )                           ( S. V. GANGAPURWALA )
         JUDGE                                                JUDGE




 P.S.B.




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