Pooja Vilas Mupade vs The State Of Maharashtra And ...
2021 Latest Caselaw 244 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                  919 WRIT PETITION NO.9042 OF 2020

                          POOJA VILAS MUPADE
                                VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS

                                 AND
                  920 WRIT PETITION NO.9043 OF 2020

                        NEHA VINOD MUPADE
                               VERSUS
             THE STATE OF MAHARASHTRA AND OTHERS
                                  ...
             Advocate for Petitioners : Mr. S.M. Vibhute
     Additional GP for Respondents-State: Mrs. M.A. Deshpande
                                  ...

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

DATED : 6th JANUARY , 2021.

...

PER COURT :

. The caste claim of the petitioners as Mannervarlu,

Scheduled Tribe is invalidated.

2. Mr. Vibhute, learned counsel for the petitioner submits that

the cousin grand-father of the petitioners in both these writ

petitions, is issued with the validated certifcate of Mannervarlu,

Scheduled Tribe. The paternal cousins of the petitioners namely

Sahebrao s/o Ramchandra Mupade, Subhangi d/o Sahebrao

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Mupade and Shivam s/o Sahebrao Mupade had applied for

validity certifcate. Their proposal was invalidated by the

Committee. These persons fled Writ Petition bearing No. 9193

of 2019 before the Principal Seat. The Division Bench at the

Principal Seat under judgment and order dated 21 st August 2019

allowed the said writ petition and directed the committee to

grant conditional validity certifcate to those persons.

3. The learned Additional G.P. submits that the committee has

considered that the petitioners have failed in the afnity test.

Many of the adverse documents were suppressed by the

petitioners and the validity holders relied by the petitioners.

Show cause notice is issued to the validity holders relied by the

petitioners. The Committee has considered the entire

documentary evidence fled by the petitioners and has rightly

negatived the claim.

4. It appears that the relationship of the present petitioners

with Sahebrao, Ramchandra, Subhangi d/o Sahebrao Mupade

and Shivam s/o Sahebrao Mupade is not disputed. They appear

to be paternal cousins of the petitioners. These persons had

also applied for validity certifcate of Mannervarlu, Scheduled

Tribe. Their claim was invalidated. These persons fled Writ

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Petition No. 9193 of 2019. The Division Bench at the Principal

Seat under judgment and order dated 21 st August, 2019 passed

following order :

5. Relevant part of said read thus :

"6. The learned Government Pleader submits that since some interpolation is not in the school record of Santosh, Sachin and Prakash, the Committee has issued a show cause notices to them. We fnd that Committee has not recorded fndings as regard possibility of some interpolation. Be that as it may, we have noticed that Santosh, Sachin and Prakash have already been granted caste validity certifcates. 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 certifcate forthwith. However, the issuance of the certifcates shall be subject to the outcome of the show cause notices which have been issued against Santosh, Sachin and Prakash by the Committee as the caste validity certifcates issued to Santosh,

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Sachin and Prakash are found to be based on interpolation / adverse entries.

6. In the light of above, we follow the same course.

7. The impugned judgment is quashed and set aside.

8. The Committee shall issue the validity certifcate to the

petitioners of Mannervarlu, Scheduled Tribe.

9. The said validity certifcates shall be subject to the

decision that would be taken by the Committee in the

proceedings reopened of the validity holders relied by the

petitioners.

10. Writ petitions are accordingly dispose of. No costs.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.)

vsm/-