Bombay High Court
Shweta Jaywant More vs The State Of Maharashtra And ... on 7 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1
W.P.No.127-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 127 OF 2021
Shweta Jaywant More .. Petitioner
Versus
The State of Maharashtra and ors. .. Respondents
Mr Anandsingh Bayas, Advocate for petitioner
Mr S.P. Tiwari, A.G.P. for respondent-State
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 7th January 2021
PER COURT :
1. The caste claim of the petitioner as Koli Mahadev is invalidated.
2. Mr Bayas, amongst various submissions submits that the real sister of
the petitioner namely Shivani Jaywant More had also applied for issuance of
validity certificate. The same was invalidated by the Committee. Said Shivani
Jaywant More had filed Writ Petition bearing No. 7509 of 2018 before the
principal seat. The Division Bench at principal seat under order dated
24.07.2018 directed grant of conditional validity.
3. The learned Counsel for the petitioner submits that the paternal cousin of
the petitioner namely Kailas Uttamrao More is issued with the validity certificate.
His proceeding is reopened and on the basis of which conditional validity has
been granted. The proceedings reopened of Kailas Uttamrao More is still
pending.
4. Mr Tiwari, learned A.G.P. accepts that the validation proceeding
reopened of Kailas Uttamrao More is still pending.
5. The Division Bench of this Court at the principal seat in Writ Petition No.
7509 of 2018 under order dated 24.07.2018 observed thus :
W.P.No.127-2021
"6. The learned Government Pleader submits that since
interpolation is noticed in the school record of Petitioner's paternal
uncle Shri Kailas Uttamrao More, the Committee has issued a
show cause notice to him. 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 paternal
uncle Shri Kailas Uttamrao More has already been granted caste
validity certificate. 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 judgment in the case
of law laid down in the cases of Apoorva Nichale, Anand vs.
Committee and Raju Ramsing 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 notice which has been issued against the Petitioner's
paternal uncle Shri Kailas Uttamrao More by the Committee as
the caste validity certificate issued to him is found to be based on
interpolation/adverse entries.
6. In light of above, we follow the same course.
7. The Committee shall issue validity certificate to the petitioner of Koli
Mahadev - Scheduled Tribe immediately.
8. The said validity certificate 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 petitioner.
9. Writ Petition disposed of. No costs.
( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.)
vvr
