Bombay High Court
Aniket Shrikrishna Bawaskar ... vs The State Of Maharashtra And ... on 16 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
(1) 968-wp-2255-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2255 OF 2022
ANIKET SHRIKRISHNA BAWASKAR ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. Pratap V. Jadhavar,
Advocate for the
Petitioner.
Mr. A. R. Kale, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATED : 16th FEBRUARY, 2022.
PER COURT:-
1. The tribe claim of the petitioner as
belonging to 'Koli Malhar', Scheduled Tribe is
invalidated.
2. The learned counsel for the petitioner
submits that, father of the petitioner is issued
with the validity certificate of 'Koli Malhar',
Scheduled Tribe after conduct of vigilance. The
contra entries in the school records of Kailas
Waluba Bavaskar and Prabhakar Waluba Bavaskar, the
paternal cousin grandfathers of the petitioner were
subject matter of consideration while issuing
validity certificate to the father of the
petitioner. The learned counsel further submits
that, apart from the father of the petitioner, four
cousin paternal aunts of the petitioner are issued
with the validity certificates of 'Koli Malhar',
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Scheduled Tribe. The learned counsel relies on the
judgment of the Division Bench of this Court in
case of Apoorva Nichale Vs. Divisional Caste
Scrutiny Committee reported in (2010) 6 Mh.L.J.
401.
3. The learned counsel submits that, Laxman
Mhatarji Bavaskar, Bajirao Mhatarji Bavaskar and
Dada Rama Bavaskar are not relatives of the
petitioner. Their contra entries cannot be
accepted against the petitioner. The learned
counsel further submits that, at the time of
issuing validity to the father of the petitioner,
the vigilance did not find entry of the caste
recorded as 'Koli Malhar', Scheduled Tribe in the
school record of the petitioner to be interpolated.
In the present case, the Committee has considered
the said entry otherwise.
4. The learned A.G.P. submits that, the entry
in the school record of the father of the
petitioner appearing as 'Koli Malhar' is
interpolated. The same is in a different ink.
There are contra entries in the school record of
the paternal cousin grandfathers of the petitioner.
The same has been considered by the Committee. The
validity issued to the cousin grandmother of the
petitioner would not be relevant. According to the
learned A.G.P., considering many contra entries on
record, the Committee has rightly passed the order
negativing the claim of the petitioner.
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5. It is not disputed that, the father of the
petitioner is issued with validity certificate
after conduct of vigilance. The vigilance report
is on record. The contra entries in the school
record of Kailas Waluba Bavaskar and Prabhakar
Waluba Bavaskar were subject matter of
consideration by the vigilance and the Committee
while issuing validity certificate to the father of
the petitioner. Four paternal aunts of the
petitioner are also issued with the validity
certificates of the 'Koli Malhar', Scheduled Tribe.
The validity issued to the cousin grandmother of
the petitioner would not be relevant.
6. The relationship of the petitioner with
some of persons whose contra entries are referred
to by the Committee from the file on record cannot
be strictly established, probably the Committee may
require further probe into it.
7. Considering the aforesaid and the judgment
of the Division Bench in case of Apoorva Nichale
Vs. Divisional Caste Scrutiny Committee (supra) we
pass the following order:
ORDER
A. The Committee shall issue validity certificate
to the petitioner of 'Koli Malhar', Scheduled
Tribe.
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B. The said validity certificate shall be subject
to the decision that may be taken by the Committee
in the 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
Devendra/February-2022
