Shreyas Laxmanrao Kanle vs The State Of Maharashtra And ...
2021 Latest Caselaw 553 Bom

                                        1                    79-WPST-347-2021

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                         WRIT PETITION ST. NO. 347 OF 2021


Shreyas S/o Laxmanrao Kanle                                    ...Petitioner

             Versus

The State of Maharashtra and Ors.                              ...Respondents


Mr S.M. Vibhute, Advocate for Petitioner
Mr S.K. Tambe, 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 'Mannervarlu' Scheduled Tribe is

invalidated.

2. Amongsts various submissions, one of the submissions made by Mr

Vibhute, the learned Counsel for the petitioner is that the children of real uncle Mr

Tatyarao of the petitioner namely, Kum. Shivani, Kum. Pranali and Rushikesh

had also applied for validity certificate of 'Mannervarlu' Scheduled Tribe. The

same was invalidated by the Committee. Against the said judgment, Kum.

Shivani, Kum. Pranali and Rushikesh filed writ petitions before this Court bearing

writ petition Nos. 8822 of 2019, 8823 of 2019 and 8824 of 2019. This Court under

judgment and order dated 19.07.2019 allowed the writ petitions and directed the

Committee to grant additional validity to them.

3. The relationship of the present petitioner with the petitioner in writ

petition No. 8822 of 2019 with connected writ petitions decided under order dated

19.07.2019 is not disputed by the Committee. They are real paternal cousins of

the petitioner.

2 79-WPST-347-2021

4. This Court in the said judgment observed thus -

It is a matter of record that the real uncle of the petitioners namely Laxman is issued with the validity certificate so also the another real uncle's daughter Ku. Prerna - daughter of Chimnaji is issued with the validity certificate of the 'Mannervarlu' Scheduled Tribe. In the vigilance conducted at the time of issuing validity to Laxman, the explanation given by the petitioners to the entry of 'Mannervarlu' appearing in the school record of the father of petitioner was placed. However, it appears that the Committee had not dealt with the same while issuing validity certificate to the Laxman. The Pravesh Patrak is also immediately given in the year 1976 mentioning that the caste of Laxman - uncle is 'Mannervarlu'.

5. In light of the above, we follow the same course and pass the

following order :-

(i) The impugned order is quashed and set aside.

(ii) The Committee shall issue validity certificate of 'Mannervarlu'

Scheduled Tribe to the petitioner immediately.

(iii) The said validity certificate shall be subject to the decision that

would be taken by the Committee in cases of the validity holders

whose proceedings are reopened and relied by the petitioner.

6. The Writ Petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]

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