Bombay High Court
Rohini Sudhakar Bodhgire vs The State Of Maharashtra And ... on 26 October, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
(1) 983-wp-9123-2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9123 OF 2019
ROHINI SUDHAKAR BODHGIRE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. Chandrakant R. Thorat, Advocate for the
Petitioner.
Mr. A. R. Kale, AGP for Respondents-State.
Mr. Bhargav B. Kulkarni h/f Mr. K. C. Sant,
Advocate for Respondent No.3.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 26th OCTOBER, 2021.
PER COURT:-
1. Heard learned counsel for the petitioner.
2. The learned counsel for the petitioner
submits that, by a common judgment tribe claims of
the petitioner, her real brother Ganesh, real
sister Sanjivani alongwith others are invalidated.
The real brother of the petitioner namely Ganesh
had challenged the said judgment by filing Writ
Petition No.9056/2019 before the Division Bench of
this Court at Principal Seat at Bombay. The
Division Bench at the Principal Seat at Bombay
under judgment and order dated August 21, 2019
allowed the said writ petition and directed to
issue conditional validity to him. Another sister
of the petitioner namely Sanjivani had filed Writ
Petition No.9183/2019 before this Court. The
Division Bench of this Court at Aurangabad under
(2) 983-wp-9123-2019
order dated 04th November 2020 allowed the said
Writ Petition and also directed to issue
conditional validity to the sister of the
petitioner namely Sanjivani.
3. According to the learned counsel for the
petitioner, the petitioner is similarly situated,
as the tribe claim is invalidated pursuant to a
common judgment.
4. The learned A.G.P. submits that, there are
contra entries on record. The same are not
considered while setting aside the earlier
validation proceedings. Further the validity
relied upon of the near relatives are subjudice, as
their validation proceedings are reopened. The
committee has considered each aspect at the
threadbare.
5. It is not disputed that by the common
judgment tribe claims of the petitioner, real
brother Ganesh and real sister Sanjivani were
invalidated. The Division Bench of this Court at
the Principal Seat at Bombay and the Division Bench
of this Court at Aurangabad have allowed the writ
petitions and directed to issue conditional
validities.
6. The admission process has begun.
7. In view of that, we follow the same
course. For the reasons recorded in judgment dated
(3) 983-wp-9123-2019
August 21, 2019 at the Principal Seat at Bombay in
Writ Petition No.9056/2019 and judgment dated 04th
November 2020 before this Bench in Writ Petition
9183/2019, we allow the present writ petition.
8. The respondent no.4 is directed to issue
validity certificate to the petitioner of
"Mannervarlu" Scheduled Tribe. The same shall be
subject to the decision in the proceedings which
are reopened of the validity holders relied by the
petitioner i.e. Ashwini Bodhgire and Vinod
Bodhgire.
9. If the proceeding for cancellation of
caste validity holders are answered against such
certificate holders, it shall be open for the
respondent Committee to issue show cause notice to
the petitioner as to why the validity certificate
granted to her should not be cancelled and it will
be open for the Committee to take those proceeding
to its logical end. The validity certificate
issued to the petitioner is subject to the outcome
of the proceedings for cancellation of validity
issued in favour of her blood relatives.
10. Writ Petition accordingly disposed of. No
costs.
(R. N. LADDHA) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/October-2021
