Ujwal Vilas Deoraj vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 742 Bom

                                                                                         924
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD
                          924 WRIT PETITION NO.356 OF 2021

                         UJWAL VILAS DEORAJ
                                VERSUS
      THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
                                    ...
                Advocate for Petitioner :Mr S R Barlinge
              AGP for Respondents State: Mrs P. V. Diggikar
           Advocate for Respondent No.4 : Mr. M.D. Narwadkar


                                    CORAM    : S. V. GANGAPURWALA &
                                               SHRIKANT D. KULKARNI, JJ.
                                    DATE     : 13th January, 2021
ORDER:

1. Caste claim of the petitioner as Tokre Koli Scheduled tribe is

invalidated.

2. Mr. Barlinge, the learned counsel submits that real uncle of the

petitioner namely Kishor Tarachand Deoraj is issued with the validity

certificate of Tokre Koli Scheduled Tribe by the Scrutiny Committee.

Another paternal cousin of the petitioner namely Chhagan s/o Sitaram

Deoraj had also applied for the validity certificate. The same was

negatived by the Committee. Chhagan Sitaram Deoraj filed Writ petition

before this Court bearing No. 2741 of 1991. The Division Bench of this

Court, under judgment and order dated 31st March, 1998 allowed the said

writ petition and directed the committee to issue validity certificate to

Chhagan Sitaram Deoraj of Tokre Koli Schedule Tribe. The learned

counsel submits that the documents on record clearly establish that the

petitioner belongs to Tokre Koli Scheduled Tribe. The learned counsel

further submits that affinity test is not a litmus test. The learned counsel

relied on the judgment of the Apex Court in the case of Anand v.

Committee for Scrutiny and Verification of Tribe Claims, reported in

2011(6) Mh.L.J. (S.C.) 919. The learned counsel also relies on the

judgment in the case of Apoorva Vinay Nichale Vs. Divisional Caste

Certificate Scrutiny Committee, reported in 2010 (6) Mh.LJ 401 to submit

that validity issued to the near paternal relative is a relevant fact.

3. Learned A.G.P. submits the petitioner had not proved the

relationship with Chhagan. The genealogy presented by the petitioner also

did not disclose the relationship of the petitioner with Chhagan. The

petitioner has failed in the affinity test. The petitioner also does not come

from the region where the Tokre Koli Scheduled Tribe persons normally

used to reside.

4. We have considered the submissions.

5. It is a matter of record that Chhagan Sitaram Deoraj had applied

for issuance of validity certificate of Tokre Koli Scheduled Tribe. The same

was invalidated. He filed bearing Writ Petition No. 2741 of 1991 before

this Court. The Division Bench of this Court, under judgment and order

dated 31st March, 1998 allowed the said writ petition and directed the

committee to issue validity certificate to Chhagan Sitaram Deoraj of Tokre

Koli Schedule Tribe. The documents relied by Chhagan also included the

school record of the father of the petitioner namely Vilas Tarachand

Deoraj. The petitioner has also produced the genealogy as given before

the vigilance wherein Chhagan is shown to be the paternal relative of the

petitioner. In the year 1991 also, Chhagan has shown father of present

petitioner to be his relative by relying upon the document i.e. the school

leaving certificate of the father of the petitioner.

6. This court has already considered the case for issuance of validity

certificate to the paternal cousin of the petitioner in Writ Petition No. 2741

of 1991. The real uncle of the petitioner is also issued with the validity

certificate.

7. In light of the above and the judgment of this Court in the case of

Chhagan s/o Sitaram Deoram, dated 31st March, 1998 in Writ Petition No.

2741 of 1991, we set aside the impugned judgment of the committee.

8. The Committee shall issue validity certificate to the petitioner of

Tokre Koli Scheduled tribe.

9. In case the judgment of this Court in Writ Petition No. 2741 of

1991 dated 31st March, 1998 is reviewed and or the claim of the real

uncle of the petitioner is subsequently invalidated after reopening of the

proceeding, then the the committee may take appropriate steps as against

the petitioner.

10. Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.)

JPC