Bombay High Court
Pratik Sanosh Thombre Thr ... vs The State Of Maharashtra Thr ... on 30 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1
W.P.1341-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 1341 OF 2021
1. Pratik s/o Santosh Thombre
Age 17 years, Occu.Education
Minor under guardianship of
his father Santosh Eknath Thombre
Age 41 years, Occu. Service,
R/o Shivajinagar, Taluka Nagar,
District Ahmednagar
2. Avantika d/o Machindra Thombre
Age 17 years, Occu. Educatiion,
Minor under guardianship of
her father Machindra Gajanan Thombre,
Age 46 years, Occu. Labourer,
R/o Sale Tax Colony, Pipeline road,
Savedi, Ahmedangar ..Petitioners
Versus
. The State of Maharashtra and ors. ..Respondents
Mr D.D. Choudhari, Advocate for petitioners
Mr P.S. Patil, Addl.G.P. for respondents no.1 to 3
Mr M.D. Narwadkar, Advocate for respondent no.4
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 30th January 2021
PER COURT :
1. The present petitioners no.1 and 2 are paternal cousins. They had
applied for issuance of caste certificates as Koli Mahadev - Scheduled Tribe
and the same is invalidated.
2. Mr Choudhari, learned Advocate for the petitioners submits that the
real uncle of the petitioners Balkrushna is issued with the validity certificate.
The father of petitioner no.1 Santosh is also issued with the validity
certificate. The other paternal cousins namely Manjabapu, Akash, Shruti,
Vrushali, Gorakh, Vijay, Manisha, Aadi, Shivani and Sarla are issued with the
W.P.1341-2021
validity certificates of Koli Mahadev - Scheduled Tribe. The vigilance was
conducted before issuance of validity certificates to Shivani, Balkrushna and
others. The school entry of Gajanan Laxman Thombre of 9.9.1955 was
subject matter of consideration by the vigilance in validation proceeding of
Shivani. The vigilance found that in the school entry of Gajanan Laxman
Thombre, his caste is recorded as Hindu Mahadev Koli. The learned
Counsel relies on the judgment of this Court 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.
3. Mr Patil, learned Addl.Government Pleader submits that the
petitioners did not bring it to the notice of the Committee that when the
petitioners had filed the proceedings for validation. The claim for validation
of their father was pending, so also that of other relatives. The said fact was
suppressed. While granting validity to the validity holders relied by the
petitioners, the contra entry in the school of Jagannath Laxman and
Chabubai Laxman were suppressed. The vigilance has also found that in
the school record of Gajanan Laxman, the entry is Hindu Koli and not
Mahadev Koli. The Committee has considered all these aspects and has
rightly negatived the claim of the petitioners. The petitioners have also failed
in the affinity test. The contra entries of Hindu Koli and Hindu Pan Koli in
the school record of the petitioners' cousin grandfather and cousin grand
aunt falsifies the case of the petitioners.
4. We have considered the submissions.
5. It is not a matter of dispute that the paternal relatives of the
petitioners, as referred to above are issued with the validity certificates of
Koli Mahadev - Scheduled Tribe. The vigilance is conducted before issuing
W.P.1341-2021
validity to many of them. In case of Shivani, the vigilance was conducted.
The school entry of Gajanan Laxman Thombre of 1955 was also subject
matter of consideration. The vigilance in the case of Shivani found school
entry in the school record of Gajanan Laxman Thombre of 1955, in the caste
column, caste is recorded as Hindu Mahadev Koli, whereas the vigilance in
the present case has found entry only to be Hindu Koli. There will be two
vigilance report contrary to each other.
6. Considering that the petitioners' father, real paternal uncle and many
other paternal relatives are issued with the validity certificates, after
conducting vigilance and many of the entries referred to above are also
subject matter of consideration, we pass the following order:
7. The Committee shall issue validity certificates to the petitioners of Koli
Mahadev - Scheduled Tribe immediately.
8. 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.
9. Writ Petition disposed of. No costs.
( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.)
vvr
