Bombay High Court
Arjun Anandrao Sidhemod vs The State Of Maharashtra And ... on 10 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1104 OF 2022
Arjun Anandrao Sidhemod .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. Chandrakant R. Thorat, Advocate for the Petitioner.
Mr. S. K. Tambe, AGP for Respondent Nos. 1, 2 & 5.
Mr. Anandsingh Bayas, Advocate for Respondent No. 3.
CORAM : S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATED : 10th FEBRUARY 2022.
PER COURT:-
. The tribe claim of the petitioner as belonging to "Mannervarlu"
(Scheduled Tribe) is invalidated.
2. Mr. Thorat, learned counsel for the petitioner submits that the
real brother of the petitioner namely Ganesh has been issued with the
validity certificate of "Mannervarlu" (Scheduled Tribe). Detail vigilance
was conducted and all the documents from the year 1966 were
considered while granting validity to him. The learned counsel submits
that Ananda is the father of the present petitioner. His school record of
the first standard records tribe as "Mannervarlu". The same was
verified by the vigilance in the proceedings of the real brother of the
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petitioner namely Ganesh. Now, the present vigilance takes other view
saying that they could not find that entry. The learned counsel further
submits that the entry of the year 1991 referred to in case of Ananda is
of his service book and not the school record. In the school record of
the fifth standard the entry is claimed to be of "Munnurwad", however
earlier entry is of "Mannervarlu" as is confirmed by the vigilance in
case of real brother of the petitioner. The school record of real uncles
of the petitioner namely Sainath and Digambar records tribe as
"Mannervarlu". The learned counsel relies on the judgment of the
Division Bench of this Court in case of Apoorva D/o Vinay Nichale Vs.
Divisional Caste Certificate Scrutiny Committee No.1 and Ors. reported
in 2010 (6) Mh.L.J. 401.
3. The learned A.G.P. submits that the brother of the petitioner was
given the benefit of validity granted to a person who was not related to
the petitioner on the paternal side. In the present matter, minute
vigilance has been conducted. While granting validity to Ganesh - real
brother of the petitioner the vigilance was not conducted minutely. The
contra entries have been considered.
4. We have considered the submissions canvassed by the learned
counsel for respective parties.
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5. It is not disputed by the respondents that real brother of the
petitioner namely Ganesh s/o Anandrao is issued with the validity
certificate of "Mannervarlu" (Scheduled Tribe). Vigilance was
conducted while issuing validity certificate to Ganesh. The school
records of Ananda s/o Vitthal, Digambar s/o Vitthal, Sainath s/o
Vitthal, Baburao s/o Vitthal, Savita d/o Anandrao, Arjun s/o Anandrao
and Ganesh s/o Anandrao were all considered. The entry in the school
record of Ananda at Sr. No. 1105 dated 16.07.1973 was also verified
and vigilance therein found the entry of tribe recorded as
"Mannervarlu". In the present case, the entry of Ananda dated
21.06.1977 is shown to have been recorded as contra, however entry of
the year 1973 is not considered. There are two contrary vigilance
report in case of real brother of the petitioner and in the present
matter.
6. In view of the vigilance conducted in the case of real brother of
the petitioner and validity issued to him, so also majority of the entries
relied were subject matter of consideration and that show cause notice
issued to real brother of the petitioner, we pass the following order.
7. The committee shall issue validity certificate to the petitioner of
"Mannervarlu" (Scheduled Tribe). The said validity certificate shall be
subject to the decision that would be taken by the committee in the
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proceedings reopened of the validity holders relied by the petitioner.
8. Writ petition is disposed of. No costs.
( S. G. DIGE ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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