Gajanan Babu Gajulwar vs The State Of Maharashtra And ...
2021 Latest Caselaw 946 Bom

                                       1                                 wp 129.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

              1019 WRIT PETITION NO. 129 OF 2021

                 GAJANAN BABU GAJULWAR
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
  Advocate for Petitioner: Mr. Golegaonkar Madhur A.
          AGP for Respondents No. 1 to 3 & 5:
                    Mr. P. S. Patil
     Advocate for Respondent No. 4: Mr. S. S.Deve
   Advocate for Respondent No. 6: Mr. S. G. Karlekar
                           ...

                               CORAM: S. V. GANGAPURWALA &
                                      SHRIKANT D. KULKARNI, JJ.

DATE: 14th JANUARY, 2021

PER COURT:

1. The tribe claim of the petitioner as

Mannervarlu, Scheduled Tribe is invalidated.

2. Mr. Golegaonkar, learned Counsel for the

petitioner submits that along with the petitioner

the caste claim of another paternal relative of

the petitioner namely Kum. Gamyashree D/o.

Venkatrao is also invalidated. The real sister of

Kum. Gamyashree, namely Kum. Gamanashree had also

applied for validity earlier. Her tribe claim was

invalidated. She preferred Writ Petition No. 8930

2 wp 129.2021

of 2018 before this Court. This Court under

judgment and order dated 03.08.2018 allowed the

writ petition filed by Kum. Gamanashree and

directed to grant conditional validity. The

committee has passed the impugned judgment

invalidating the tribe claim of the present

petitioner and Kum. Gamyashree. Kum. Gamyashree is

real sister of Kum. Gamanashree. As the petitioner

is paternal relative of Kum. Gamanashree and her

writ petition has been allowed against the

judgment of the scrutiny committee invalidating

her tribe claim we follow the same course. In the

said judgment this Court observed as under-

"7. Considering the validities in favour of real uncles and real cousin sister and also considering the judgment and order dated July 23, 2018 in Writ Petition No. 7500 of 2018 passed by the Division Bench of this Court at its Principal Seat at Bombay, it would be appropriate to direct the Committee to issue validity certificate to the petitioner of Mannervarlu (S.T.)subject to the outcome of the proceedings that would be taken up in respect of validity holders to whom show causes are issued. Inthe light of the above, the respondent/Committee shall issue the validity certificate to the petitioner immediately of Mannervarlu (S.T.) considering that the petitioner has secured provisional admission to the M.B.B.S. course and 04 th August, 2018 is the last date for submitting

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validity certificate. The writ petition is accordingly is disposed of. No costs.

8. Naturally, in case validity certificates in favour of the paternal relatives of the petitioner and relied by the petitioner are subsequently invalidated, the petitioner cannot claim any equity, nor would be entitled to protect the admissions.

3. In light of the above, we follow the same

course.

4. The impugned judgment is quashed and set

aside.

5. The committee shall issue validity

certificate to the petitioner of Mannervarlu,

Scheduled Tribe immediately. The said validity

certificate shall be subject to the decision that

would be taken by the committee in the proceedings

re-opened of the validity holders relied by the

petitioner.

6. Writ Petition is accordingly disposed of. No

costs.

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