Bombay High Court
Vijaya Govindrao Machkure vs The State Of Maharashtra And ... on 4 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
89 WRIT PETITION NO. 9137 OF 2020
WITH
CIVIL APPLICATION STAMP NO. 256 OF 2021
VIJAYA GOVINDRAO MACHKURE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Sunil M Vibhute
AGP for Respondents No. 1 & 2: Mr. P. K. Lakhotiya
Advocate for Respondent No. 3: Mr. M. D. Narwadkar
...
CORAM: S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE: 04th JANUARY, 2021
PER COURT:
1. The tribe claim of the petitioner as Koli
Mahadev, Scheduled Tribe is invalidated.
2. Mr. Vibhute, the learned Counsel submits that
real sister of the petitioner Varsha D/o.
Govindrao is issued with the validity certificate
of Koli Mahadev, Scheduled Tribe after conducting
vigilance. The school entry of the father of the
petitioner was also subject matter of vigilance by
the scrutiny committee. In case of Varsha the
vigilance did not find any interpolation. In the
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present case, according to the committee, the word
Mahadev is written in a different ink the same is
illegal. The learned Counsel submits that there is
no contra entry on record. The petitioner relies
on the judgment 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. The learned Counsel
submits that the affinity test is not the litmus
test. Reliance is placed on the judgment of the
Apex Court in case of Anand Vs. Committee for
Scrutiny and Verification of Tribe Claims and
others reported in (2012) 1 SCC 113.
3. Mr. Lakhotiya, the learned A.G.P. submits
that the petitioner has failed in the affinity
test. The grandfather of the petitioner Dnynoba is
shown to have been admitted in the girls school.
The same itself casts suspicion. According to the
learned A.G.P., the school record of the father of
the petitioner is also manipulated. The committee
has considered all these aspects. Show cause
notice has been issued to the real sister of the
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petitioner as to why the validity should not be
cancelled.
4. We have considered the submissions canvassed
by the learned Counsel for respective parties.
5. The real sister of the petitioner Varsha is
granted validity after the conducting vigilance.
The school entry of the father of the petitioner
was subject matter before the vigilance in the
case of Varsha. The vigilance did not find any
interpolation in the said entry. Even the school
entry of the grandfather of the petitioner was
also subject matter before the vigilance while
granting validity to Varsha. Apart from the above,
the contra entries could not be pointed out.
6. Considering the judgment in the case of
Apoorva Vinay Nichale Vs. Divisional Caste
Certificate Scrutiny Committee No. 1 and others
reported in 2010 (6) Mh. L. J. 401 (supra) we pass
the following order.
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7. The impugned order is quashed and set aside.
The committee shall issue validity certificate to
the petitioner of Koli Mahadev, Scheduled Tribe.
The said validity certificate shall 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.
8. Writ Petition is accordingly disposed of. No
costs.
9. In view of disposal of the writ petition, the
civil application is also disposed of.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
marathe
