Bombay High Court
Shubham Baburao Gavali vs The State Of Maharashtra And ... on 25 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1011 WRIT PETITION NO.1565 OF 2020
SHUBHAM BABURAO GAVALI
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
...
Advocate for Petitioner : Mr. Pratap V. Jadhavar
AGP for Respondent Nos. 1 to 3: Mr. A.R. Kale
Advocate for Respondent No. 4 : Mr. Dhananjay P. Deshpande
...
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 25th FEBRUARY, 2022
PER COURT :-
1. The tribe claim of the petitioner as belonging to "Koli Mahadev" is
invalidated.
2. The learned counsel for the petitioner submits that father of the
petitioner is issued with validity certificate as 'Koli Mahadev'. The detail
vigilance was conducted. Vigilance, in the case of father observed that
the candidate therein proved the traits of 'Koli Mahadev.'
3. The oldest school record of the grandfather of the petitioner of the
year 1955 records caste as 'Koli Mahadev.' The said document is verified
by the Vigilance in the case of the father of the petitioner. No
interpolation is found in the said document. The school record of the
father of the petitioner is of the year 1978 and in case of cousin uncle of
the petitioner, the school record of the year 1983 records the caste as
"Koli Mahadev.' The learned counsel submits that invalidation relied by
the vigilance was not of the relatives of the petitioner. According to the
learned counsel, in case of the father of the petitioner the vigilance
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found that affinity test is proved. In the present case, contra conclusion
is drawn. The learned counsel for petitioner relies upon the Judgment
in the case of Anand V. Committee for Scrutiny and Verification of Tribe
Claims and others, reported in 2011(6) Mh.L.J. (S.C.) 919. The learned
counsel for petitioner also relies upon the judgment of the Division
Bench of this Court in the case of Apoorva Vinay Nichale Versus Divisional
Caste Certificate Scrutiny Committee No.1 and others reported in 2010 (6)
Mh.L.J. 401.
4. The learned AGP for respondents submits that petitioner could not
prove the traits of 'Koli Mahadev'. The caste claim of two relatives of the
petitioner is found invalidated. According to learned AGP, school record
of two paternal uncles of the petitioner, namely, Maroti Deorao Gavali
and Ragho Ramu Gavali records caste as 'Koli'. The said documents are
also of the year 1976 and 1955. The learned AGP further submits that
petitioner does not belong to area where the persons of 'Mahadev Koli'
community reside. There is invalidation in the case of relatives of the
petitioner.
5. We have considered the submissions canvassed by the learned
counsel for the parties.
6. It is not disputed that father of the petitioner is issued with
validity after conducting vigilance. In the case of father, vigilance has
verified the school record of grandfather of the petitioner, namely,
Totaram. His school record is of the year 1958, records the caste as
'Mahadev Koli'. In the school record of the father and cousin uncle of
the petitioner of the years 1978 and 1983, their caste is recorded as
'Mahadev Koli and 'Koli Mahadev".
7. Oldest record of grandfather of the petitioner is dated 06-04-1952
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and one contra entry in respect of relative of the petitioner, as sought to
be relied, appears to be subsequent to the entry of grandfather of the
petitioner. The date of birth of grandfather of the petitioner is recorded
as 06-04-1952 and Ragho Ramu Gavali is recorded as 03-05-1955.
Relationship of the petitioner with persons whose claims are invalidated,
is not conclusively established by the Committee.
8. Considering the judgment in the case of Apoorva (Supra), we pass
the following order.
ORDER
(I) The committee shall issue validity certificate to the
petitioner of the "Koli Mahadev" Scheduled Tribe.
(II) The said validity 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.
9. Writ Petition is disposed of. No costs.
( S.G. DIGE ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
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