Yogini Parmeshwar Choudhari And ... vs Director Of Technical Education ...
2021 Latest Caselaw 746 Bom

                                                                                                     965
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD
                          965 WRIT PETITION NO.446 OF 2021

                YOGINI PARMESHWAR CHOUDHARI AND ANOTHER
                                     VERSUS
               DIRECTOR OF TECHNICAL EDUCATION AND OTHERS
                                         ...
               Advocate for Petitioners :Mr. Deshmukh Mahesh S.
                    AGP for Respondents State: Mr. A.R.Kale


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

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 with the validity certificate of "Rajgond",(Scheduled Tribe).

3. The learned counsel submits that there are six validities in the

family of petitioners. The learned counsel further submits that the

Committee has relied upon the school entries of some of the record of the

father, uncle where tribe is recorded as Telang. 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. Kale, 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. 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 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:

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, J.) (S.V.GANGAPURWALA, J.)

JPC