Bombay High Court
Ragini Vasantrao Mitke vs The State Of Maharashtra And ... on 28 October, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 wp 2937.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2937 OF 2019
Ragini D/o Vasantrao Mitke .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri A. S. Golegaonkar, Advocate h/f Shri M. A. Golegaonkar,
Advocate for the Petitioner.
Mrs. M. A. Deshpande, Addl.G.P. for Respondent Nos. 1 to 5.
CORAM : S. V. GANGAPURWALA AND
R. N. LADDHA, JJ.
DATE : 28TH OCTOBER, 2021.
FINAL ORDER :
. The tribe claim of the petitioner as belonging to
'Mannervarlu' (Scheduled Tribe) is invalidated.
2. Mr. Golegaonkar, the learned counsel for the petitioner
submits that, father of the petitioner is issued with the validity
certificate of Mannervarlu (S.T.). The real brother of the
petitioner namely Akshay Mitke is also issued with the validity
certificate of Mannervarlu (S.T.). The learned counsel submits
that, the school entries of the petitioner, her father and brother
record tribe as Mannervarlu. The Committee has not noticed
overwriting. The learned counsel further submits that, though it
is submitted that, one uncle of the petitioner namely Jayram had
also approached the Committee for validity. Same was
2 wp 2937.19
invalidated. In the year 1995 son of Jayram was issued with the
validity certificate by the Committee. According to the learned
counsel affinity test is not litmus test. No contra documentary
evidence exists.
3. Mrs. Deshpande, the learned Additional Government
Pleader submits that, initially in the year 1995 itself Jayram's
claim was invalidated. Said fact was suppressed while getting
validity of the other paternal relatives. The school entry of
Rameshwar Marotirao is interpolated. Mannerwar has been
scored and in its place Mannervarlu has been inserted. Vigilance
has considered said aspect. The petitioner has also failed in the
affinity test.
4. It is a fact that, the father and brother of the petitioner are
issued with the validity certificates by the Committee. The
school record of the petitioner, her father and brother record
tribe as Mannervarlu. The Committee has found the entry of
Mannervarlu to be overwritten over the tribe Mannerwar in the
school record of Rameshwar. However, we do not find date of that
entry.
5. The son of Jayram has been issued with the validity
certificate by the Committee itself. The affinity test is not litmus
test as observed by the Apex Court in a case of Anand Vs. State
of Maharashtra reported in (2012) 1 SCC 123.
3 wp 2937.19
6. Show cause notices are issued to the father of the
petitioner and brother of the petitioner. In the light of that, we
pass the following order.
7. The impugned judgment of the Committee is quashed and
set aside. The Committee shall issue validity certificate to the
petitioner as belonging to "Mannervarlu" (Scheduled Tribe)
immediately. The said certificate would be subject to the
decision taken by the Committee in the proceedings reopened by
the Committee and relied by the petitioner.
8. The writ petition is disposed of. No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
bsb/Oct.21
