Bombay High Court
Nagnath Vinayak More vs The State Of Maharashtra And ... on 11 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1 48-WPST-26272-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION ST. NO. 26272 OF 2020
Nagnath Vinayak More ...Petitioner
Versus
The State of Maharashtra and others ...Respondents
Mr Anandsingh Bayas, Advocate for Petitioner
Mr S.R. Yadav (Lonikar), A.G.P. for Respondent-State
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 11th JANUARY, 2021
PER COURT :
1. The caste claim of the petitioner as belonging to 'Koli
Mahadev' Scheduled Tribe is invalidated.
2. Amongsts various submissions, one of the submissions of
Mr Bayas, the learned Counsel for the petitioner is that the paternal
cousin of the petitioner namely, Shivani Jaywant More has also
applied for caste claim of 'Koli Mahadev' Scheduled Tribe. The same
was invalidated. She filed writ petition No.7509/2018 before the
Principal Seat at Bombay. The Division Bench at the Principal Seat
and the judgment and order dated 24 th July, 2018 allowed the said writ
petition and directed the Committee to issue additional validity
certificate to Shivani.
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3. Declaration produced on record by the petitioner would
show that the grandfather of the present petitioner and grandfather of
Shivani are real brothers. The petitioner and Shivani daughter of
Jaywant are paternal cousins.
4. The learned Counsel for the petitioners relies on the
judgment in the 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.
5. The Division Bench at Principal Seat under its order dated
24th July, 2018 in writ petition No. 7509/2018 had observed thus -
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. This in our
considered view, the reasons 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
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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 the above, we follow the same course.
7. The impugned judgment and order is quashed and set
aside.
8. The Committee shall issue the validity certificate to the
petitioner of 'Koli Mahadev' Scheduled Tribe immediately.
9. The said certificate shall be subject to the decision that
would be taken by the Committee in the validation proceedings
reopened of the validity holder relied by the petitioner.
10.. Writ petition is disposed of. No costs.
[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]
mta
