Pratiksha Sanjay Deshtwar vs The State Of Maharashtra And ...
2021 Latest Caselaw 357 Bom

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                                                             W.P.No.6094-2019

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            BENCH AT AURANGABAD


                           WRIT PETITION NO. 6094 OF 2019


Pratiksha d/o Sanjay Deshtwar                                       .. Petitioner

        Versus

The State of Maharashtra and ors.                          .. Respondents


Mr S.M. Vibhute, Advocate for petitioner
Mr S.K. Tambe, A.G.P. for respondents no.1 to 4

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

DATE : 7th January 2021

PER COURT :

1. The caste claim of the petitioner as belonging to Mannervarlu -

Scheduled Tribe is invalidated. Aggrieved thereby, the present Writ Petition.

2. We have heard Mr Vibhute, learned Counsel for the petitioner and

learned A.G.P.

3. The proposal for validation of the tribe claims of the petitioner and her

real sister Kumari Samiksha were referred to the Committee. The Scrutiny

Committee under common judgment dated 5.9.2018 invalidated the tribe claims

of the present petitioner and that of her real sister Kum. Samiksha Sanjay

Deshtwar. Samiksha, daughter Sanjay Deshtwar filed Writ Petition No.6093 of

2019 before this Court. This Court, under order dated 21.09.2019 directed the

Committee to issue validity certificate to Kum. Samiksha subject to the decision

that would be taken in the proceedings that are reopened of the validity holders

relied by the petitioner. In the said order, this Court had observed thus :

"5. The record of the petitioner's father is of the year 1980. It records his caste as Mannervarlu - Scheduled Tribe. So also, in school record of the petitioner's real paternal uncle, paternal aunt

W.P.No.6094-2019

caste is recorded as Mannervarlu. The contra evidence which the respondent alleges is of Babu M.Deshatwar. The school record has been traced out by vigilance and it is stated that in the school record of Babu M.Deshatwar Mannervarlu is written subsequently. In respect of other students, only religion has been mentioned and caste has not been mentioned. Even assuming that Mannervarlu was not written in the school record of Babu Malanna, then it would be that no caste is mentioned and only religion Hindu is mentioned. The same cannot be directly contra evidence.

6. Considering the validity issued to the real paternal uncle and the real paternal aunt after conducting of vigilance and the school record of petitioner's father, uncle, aunt, we pass the following order.

7. The Committee shall issue validity certificate to the petitioner of 'Mannervalu' Scheduled Tribe immediately. The said certificate shall be subject to the decision that would be taken in the proceedings that are reopened of the validity holders relied by the petitioner.

4. The caste claim of the petitioner is invalidated by a common judgment, by

virtue of which the caste claim of Kum. Samiksha was also invalidated and her

Writ Petition was allowed, as observed above, we pass the following order :

5. The Committee shall issue validity certificate to the petitioner of

Mannervalu - Scheduled Tribe immediately. The said certificate shall be subject

to the decision that would be taken in the proceedings that are reopened of the

validity holders relied by the petitioner.

6. Writ Petition disposed of. No costs.

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

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