Bombay High Court
Om Anantram Chaudhari And Another vs Director Of Technlical Education ... on 12 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
(1) 917-wp-328-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
917 WRIT PETITION NO.328 OF 2021
OM ANANTRAM CHAUDHARI AND ANOTHER ..PETITIONERS
VERSUS
DIRECTOR OF TECHNLICAL EDUCATION
AND OTHERS ..RESPONDENTS
...
Mr. Mahesh S. Deshmukh, Advocate for the
Petitioners.
Mr. S. G. Karlekar, AGP for Respondents-State.
Mr. M. D. Narwadkar, Advocate for Respondent No.2.
...
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 12th JANUARY, 2021.
PER COURT:-
1. The tribe claims of the petitioners as
belonging to the "Rajgond", Scheduled Tribe are
invalidated by the common judgment.
2. Mr. Deshmukh, learned counsel for
petitioners submits that the documents placed on
record suggest that petitioners belong to
"Rajgond", Scheduled Tribe. All the documents of
petitioners, their father, grandfather, sisters,
uncles referred to the tribe as "Rajgond",
Scheduled Tribe. The real sister of petitioners
namely Dipali is issued with the validity
certificate of "Rajgond", Scheduled Tribe. The
real uncle of petitioners namely Vijay is issued
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with the validity certificate of "Rajgond",
Scheduled Tribe. The learned counsel submits that
there are six validity in the family of
petitioners.
3. The learned counsel further submits that
the Committee has relied upon the school entries.
In some of the record of the father, uncle tribe is
recorded as Telang which is considered to be the
contra entry. Telang is not tribe, but is
referable to the region. According to the learned
counsel the school entry of the Telang in the
uncle's school record was subject matter of
consideration when the Vijay was granted validity.
There are no contra entries on record. The learned
counsel submits that the affinity test is not the
litmus test. The learned counsel relied on the
judgment of the Apex Court in case of Anand Vs.
Committee reported in (2012) 1 SCC 113. The
learned counsel also relied on the judgment in case
of Apoorva Nichale Vs. Divisional Caste Scrutiny
Committee reported in (2010) 6 Mh.L.J. 401.
4. Mr. Karlekar, learned A.G.P. submits that
in the school record of the father of the
petitioner, so also uncle, paternal aunt, cousin
sister the tribe is recorded as Telang and not
"Rajgond", Scheduled Tribe. In some of the
relatives of the petitioners, tribe is recorded as
Goud Telang. These are contra entries. The
petitioners have failed to prove the affinity test.
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The show cause notices are issued to the validity
holders relied by petitioners. The Committee has
rightly considered all the aspects and negatived
the claims of petitioners.
5. It is matter of record that the real uncle
of petitioners is issued with the validity
certificate of "Rajgond", Scheduled Tribe. The
real sister of the petitioners is also issued with
the validity certificate of "Rajgond", Scheduled
Tribe. The cousin uncle of the petitioners namely
Ishwar S/o Irappa, Siddheshwar S/o Irappa, so also
paternal aunt of the petitioners namely Shital D/o
Namdeo and Pooja D/o Namdeo are issued with the
validity certificate of "Rajgond", Scheduled Tribe.
Another paternal cousin Uncle of the petitioners
namely Mahesh S/o Madhavrao is also issued with the
validity certificate of "Rajgond", Scheduled Tribe.
Some of the entries recorded as Telang in the
paternal relatives of petitioners were also
considered in case of Vijay, real cousin of
petitioners while granting validity to him.
6. It is further submitted that the show
cause notices are also issued to the validity
holders relied by petitioners. The school entries
of petitioners, their father, uncles, paternal aunt
are placed on record recording tribe as "Rajgond",
Scheduled Tribe.
7. In light of the above, we pass the
following order:
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ORDER
A. The Committee shall issue validity
certificate to petitioners as "Rajgond",
Scheduled Tribe immediately.
B. The said validity shall be subject to the
decision that would be taken by the
Committee in the proceedings reopened of the
validity holders relied by petitioners.
8. Writ Petition is disposed of. No costs.
(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/January-2021
