Bombay High Court
Ankur Ramesh Bodhgire vs The State Of Maharashtra And ... on 24 November, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12835 OF 2021
Ankur Ramesh Bodhgire .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Sunil M. Vibhute, Advocate for the Petitioner.
Shri S. K. Tambe, A.G.P. for Respondents/State.
CORAM : S. V. GANGAPURWALA AND
R. N. LADDHA, JJ.
DATE : 24TH NOVEMBER, 2021.
FINAL ORDER :
. The tribe claim of the petitioner as belonging to
'Mannervarlu' (Scheduled Tribe) is invalidated.
2. Mr. Vibhute, the learned counsel for the petitioner submits
that, the father of the petitioner namely Ramesh, real uncle of
the petitioner namely Deelip have been issued with the validity
certificates by the Committee. The sons of another real uncle of
the petitioner namely Ganesh Sudhakar Bodhgire and Sanjivani
Sudhakar Bodhgire are also issued with the validity certificates
of Mannervarlu (S.T.) by the Committee. The son of the cousin
uncle of the petitioner Balaji namely Tejus had also applied for
validity certificate. His claim was invalidated by the Committee.
He filed Writ Petition No. 2046 of 2021 before this Court. This
Court under order dated 02nd February 2021 allowed the said
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writ petition directing to grant conditional validity. The learned
counsel submits that, the vigilance conducted in the case of Tejus
was relied upon while deciding present case by the Committee.
3. The learned Assistant Government Pleader submits that,
there are contra entries on record. Show cause notices are issued
to the validity holders relied by the petitioner.
4. As relationship is not disputed, we follow the same course
as taken by this Court in the case of Tejus under order dated 02 nd
February, 2021 in Writ Petition No. 2046 of 2021.
5. In case of Tejus it has been observed by this Court as under
:
5. Caste of the real brother of the petitioner namely
Manas Balaji Bodhgire was also decided along with the caste
claim of Ganesh and Sanjivani Sudhakar Bodhgire by the
Committee. The Court at Bombay, while passing the order in
Writ Petition No.9056/2019, observed thus:
"6. The learned Government Pleader submits that
since some interpolation is noticed in the school
records of the Ashwini Sudhakar Bodgire and Vinod
Bapurao Bodhgire, the Committee has issued a show
cause notice to them. we find that the Committee has
not recorded specific findings as regard possibility of
some interpolation. Be that as it may, we have notice
that Ashwini and Vinod Bapurao Bodhgire has already
been granted caste validity certificates. Thus, in our
considered view, the reason assigned by the
Committee for rejection of the petitioner's claim
cannot be sustained as it runs contrary to the view
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taken by the Division Bench of this court in the case of
Apoorva Vinay Nichale (supra).
7. In the circumstance, in the light of the judgment in
the case of law laid down in the cases of Apoorva
Nichale, Anand Vs. Committee and Raju Ramsing
Vasave (supra), the petitioner is entitled to be granted
caste validity certificate forthwith. However, the
issuance of the caste certificate shall be subject to the
outcome of the show cause notice which has been
issued against the Ashwini and Vinod Bapurao
Bodhgire by the Committee as the caste c validity
certificates issued to Ashwini and Vinod Bapurao
Bodhgire is found to be based on
interpolation/adverse entries."
6. In light of above, we follow the same course and pass
following order:
ORDER
1. The impugned order is quashed and set aside.
2. 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 proceedings re-opened of the
validly holders relied by the petitioner.
3. The writ petition is disposed of. No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
bsb/Nov.21
