Bombay High Court
Vitthal Maroti Bainwad vs State Common Entrance Test Cell ... 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. 2008 OF 2022
Vitthal Maroti Bainwad .. Petitioner
Versus
State Common Entrance Test Cell,
Through its Commissioner &
Competent Authority and another .. Respondents
Mr. Mahesh S. Deshmukh, Advocate h/f Mr. Umesh B. Gite, Advocate
for the Petitioner.
Mr. A. S. Shinde, AGP for Respondents-State.
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. The same was also invalidated
initially. The petitioner filed Writ Petition No. 1102 of 2022. Under
order dated 31.01.2022 this Court remanded the matter to the
committee so as to enable the petitioner to prove his relationship with
the validity holder namely Vijayalaxmi Vyankatrao Bainwad. After
remand, the claim of the petitioner is again invalidated.
2. Mr. Deshmukh, learned counsel for the petitioner submits that
after remand of the matter the petitioner has proved the relationship
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with Vijayalaxmi d/o Vyankatrao Bainwad. The committee has also
accepted the same. The learned counsel submits that in case of
Vijayalaxmi the old record of Bainwad Vyankatrao Kalba was also
subject matter of consideration. The said document is of the year 1962
and the tribe is recorded as "Mannervarlu". The committee is relying
upon another document of Vyankati Kalba Bainwad. The date of birth
of the said Vyankati is referred to as 1956. In that case also tribe is
recorded as "Mannervarlu". In all documents of Vyankati Kalba his
tribe is recorded as "Mannervarlu". The document of Ananda Mohnaji
is referred to, but at one place the date of birth of Ananda Mohnaji is
not recorded and on another place the date of birth is recorded as
1952. He is not the same person. According to the learned counsel,
other record of the paternal relatives of the petitioner consistently
records tribe as "Mannervarlu". The committee has wrongly considered
that the school - Zilla Parishad High School, Vajirabad was only from 5 th
to 10th standard. The Zilla Parishad school is a Primary School and i.e.
from 1st to 7th standard. The committee while validating the tribe claim
of Vijayalaxmi verified the said document and the said document was
also considered while issuing validity to Vijayalaxmi.
3. We asked the learned A.G.P. as to whether the petitioner proved
his relationship with Vijayalaxmi after remand of the matter. The
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learned A.G.P. after going through the statements accepts the fact that
Vijayalaxmi is the paternal relative of the petitioner. The learned A.G.P.
further submits that the document submitted by the petitioner of
Bainwad Vyankatrao is not the document issued by the school as the
school was only from 5th to 10th standard. According to the learned
A.G.P., the committee while issuing validity to Vijayalaxmi also did not
get the said document of Vyankati verified. In the present matter, the
contra entries of Ananda Mohnaji establishes that the family of the
petitioner does not belong to "Mannervarlu" tribe. The committee has
considered all the validities and the relationship of the petitioner
threadbare.
4. After remand of the matter the petitioner could establish his
relationship with Vijayalaxmi. Some of the old documents were also
subject matter of consideration while granting validity to Vijayalaxmi.
The petitioner relies on the judgment of the Division Bench of this
Court in a 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 to submit that validity issued to near relatives is a relevant
fact.
5. Considering the fact that, many of the old entries referred to
were subject matter of consideration while granting validity to
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Vijayalaxmi and show cause notice is proposed to be issued to
Vijayalaxmi, we pass the following order.
6. 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
proceedings reopened of the validity holders relied by the petitioner.
7. Writ petition is disposed of. No costs.
( S. G. DIGE ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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