Riya Ramrao Pallewad vs The Scheduled Tribe Certificate ...
2021 Latest Caselaw 16277 Bom

                                     1               1030-wp 12564-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         WRIT PETITION NO. 12564 OF 2021

 Riya Ramrao Pallewad                                             .. Petitioner

          Versus

 The Scheduled Tribe
 Certificate Scrutiny Committee,
 Through its Member Secretary and others                          .. Respondents

 Mr. Anand V. Patil (Indrale), Advocate for the Petitioner.
 Mr. A. R. Kale, AGP for Respondent Nos. 1 and 2.
 Mr. S. G. Karlekar, Advocate for Respondent No. 3.

                               CORAM :    S. V. GANGAPURWALA &
                                          R. N. LADDHA, JJ.

                               DATED :    24th November, 2021.

 PER COURT:-

 .        The tribe claim of the petitioner as belonging to 'Mannervarlu'

 (Scheduled Tribe) is invalidated.

2. Mr. Patil, the learned counsel for the petitioner submits that there

are 19 validities in the family of the petitioner. Rushikesh and

Lingeshwar are issued with the validity certificates under the orders of

this Court in writ petitions filed by them.

3. The learned A.G.P. submits that there are interpolations in the

school record of the petitioner and her family members.

                                                                               1 of 3





                                      2               1030-wp 12564-2021.odt

4. It appears from the judgment of the committee and the

submissions made that the Rushikesh Udhav Pallewad and Lingeshwar

Vyankatrao Pallewad are paternal relatives. The relationship is not

disputed. The tribe claim of Rushikesh Udhav Pallewad was invalidated

by the Committee. He filed Writ Petition No. 9009 of 2018. The

Division Bench of this Court under order dated 03.08.2018 directed the

committee to issue validity certificate to him. Similarly Lingeshwar

Vyankatrao Pallewad was also denied the validity certificate. He filed

Writ Petition No. 9444 of 2019. The Division Bench of this Court under

order dated 31.07.2019 directed the committee to issue validity

certificate to him.

5. As the paternal relationship is not disputed, we follow the same

course as in the order dated 03.08.2018 in Writ Petition No. 9009 of

2018.

6. In the light of that, we pass the following order.

7. The committee shall issue validity certificate to the petitioner of

'Mannervarlu' (Scheduled Tribe) .

8. In case, after reopening of the proceedings the tribe claim of the

validity holders relied by the petitioner is invalidated the petitioner

shall not be entitled to claim equity nor will be entitled to protect her

2 of 3

3 1030-wp 12564-2021.odt

admission and validity issued to the petitioner would be subject to the

decision in case of the proceedings reopened of the validity holders

relied by the petitioner.

9. Writ petition is disposed of. No costs.

 ( R. N. LADDHA )                               ( S. V. GANGAPURWALA )
      JUDGE                                               JUDGE




 P.S.B.




                                                                               3 of 3