Bombay High Court
Rajendra Ambadas Akole And Others vs Scheduled Tribe Certificate ... on 21 February, 2022
Bench: A.S. Gadkari, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.14802 OF 2021
1. Rajendra Ambadas Akole,
Age : 51 years, Occu. Service,
2. Suresh Ambadas Akole,
Age : 53 years, Occu. Service,
3. Mahendra Ambadas Akole,
Age : 49 years, Occu. Business,
All R/o Plot No.144,
In front of Bagadia Hotel,
Manish Nagar, Jalna,
Tq & District Jalna. ... Petitioners
Versus
1. Scheduled Tribe Certificate
Scrutiny Committee,
Aurangabad Division,
Aurangabad,
Through its Member Secretary.
2. Land Development Circle, Beed,
Superintendent Engineer,
Majalgaon Kalwa Division No.10, Parbhani,
Tq. and District Parbhani
Through its Sub Executive Engineer.
3. Maharashtra State Electricity Distribution
Company Ltd.,
Division No.1 Mastgad, Darga Road,
Jalna Tq. & District Jalna.
Through its Executive Engineer.
4. Jijamata Mahila Adhyapak Vidyalaya,
Sidnkhedraja, District Buldhana,
Through its Principal. ... Respondents
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WITH
WRIT PETITION NO.14803 OF 2021
Rohit Nandkishor Akole,
Age : 34 years, Occu : Service,
R/o Plot No.54, Prerna Colony,
Pimpargavhan Road, Beed,
Tq. & District Beed. ... Petitioner
Versus
1. Scheduled Tribe Certificate
Scrutiny Committee,
Aurangabad Division, Aurangabad,
Through its Member Secretary.
2. District & Sessions Court, Beed,
Through its Administration Dept. ... Respondents
...
Adv. for Petitioners : Mr. M. S. Deshmukh h/f Mr. Gite U. B.
AGP for Res.-State in WP/14802/21 : Mr. K. N. Lokhande.
AGP for Res.-State in WP/14803/21 : Mr. S. B. Pulkundwar.
...
CORAM : A. S. GADKARI, AND
S. G. MEHARE, JJ.
DATE : 21.02.2022
JUDGMENT : (Per S. G. Mehare, J.) :-
1. Rule. Rule made returnable forthwith. By the consent of
parties heard finally.
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2. The caste invalidations of petitioners in these petitions
are under challenge.
3. Petitioners have claimed that they belong to the
"Mannervarlu" Schedule tribe. Their claim is based on eight
earlier validity certificates issued to their blood relations.
However, the Scrutiny Committee has declined their claims as
there was contra evidence against them. The parental relations
have obtained validity by hiding the old caste entries in the
school record of their relatives other than Mannervarlu. The
caste validity of one Yogita Bhagwan Akole relied on by the
petitioners was invalidated as it was obtained by suppressing
the facts. The affinity test is also against the petitioners.
4. The learned counsel for the petitioners would submit
that the invalidation of Yogita Akole was not suppressed. The
relations of the petitioners' family with her family were
strained can be evident from a partition suit bearing Regular
Civil Suit No.282/1988 filed by her father against Ambadas
Gangaram, the father of the petitioner Rajendra. The Scrutiny
Committee in a show-cause notice dated 15.11.2021, did not
call upon the petitioners to explain said purported aspect of
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suppression of her invalidation of tribe claim. The writ petition
Nos.13575 of 2021 and 13576 of 2021 challenging the same
order have been quashed and set aside by the Co-ordinate
Bench of this Court by its order dated 08.12.2021. The
impugned order is against the settled principles of law. Hence,
both the petitions may be allowed.
5. The learned A.G.P. opposed the petitions by contending
that the facts have been elaborately discussed by the
Committee and substantial contra evidence was available
against the petitioners. The petitioners are not Mannervarlu by
caste. The order passed by the Co-ordinate Bench in the above
petitions are not absolute, therefore the petitioners cannot
claim the parity. The petitions are devoid of merit, hence those
may be dismissed.
6. By a common impugned order, the caste validity claims
of the members of the same family have been determined. The
Co-ordinate Bench of this Court has dealt with the order
impugned before this Court and considered the fact of
invalidation of the Caste of Yogita Bhagwan Akole. The Co-
ordinate Bench on the same facts has taken a view that eight
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parental cousins are issued with validity certificates. The
petitioners have made efforts to get the documents of
invalidation of Yogita's claim but due to the dispute between
the families of Yogita and petitioners, they could not get the
documents. The copy of the plaint was also referred to by the
Co-ordinate Bench. The show-cause notices are issued to
validity holders relied upon by the petitioners. Validity issued
to parental relatives is the relevant facts as is held in Apoorva
Vinay Nichale Vs. Divisional Caste Certificate Scrutiny
Committee No.1 and others reported in 2010 (6) Mh.L.J. 401.
The old entries of "Mannervarlu" and validity issued to the
eight parental relatives have been considered by the Co-
ordinate Bench and petitions were allowed conditionally.
7. The Co-ordinate Bench of this Court has already
considered the facts and law in force as of today as regards the
caste validity certificates issued to the parental relatives. The
Scrutiny Committee has not placed any other material contrary
to the material discarded by the Co-ordinate Bench. The same
common order based on the same set of facts and documents
has been considered by the Co-ordinate Bench of this Court.
The conditional order passed by the Co-ordinate Bench is
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acceptable to the petitioners. We do not find any reason to take
a different view. Hence, we pass the following order :-
ORDER
(i) Both the petitions are allowed.
(ii) The impugned order rejecting the caste validity of
the petitioners dated 26.11.2021 by respondent
No.1 is quashed and set aside.
(iii) The Committee/respondent No.1 shall issue the
Caste Validity Certificate of "Mannervarlu"
Schedule Tribe to the petitioners.
(iv) The said Caste Validity Certificates shall be subject
to the decision that would be taken by the
Committee / respondent No.1 in the proceeding
opened on the validity relied upon by the
petitioners.
(v) Rule made absolute in the above terms.
(vi) No orders as to costs.
(S. G. MEHARE, J.) (A. S. GADKARI, J.)
...
vmk/-
