Bombay High Court
Rajnandini Ramesh Jadhav And ... vs The State Of Maharashtra And ... on 27 January, 2022
Bench: S.V. Gangapurwala, S. G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
984 WRIT PETITION NO. 1069 OF 2022
1. Rajnandini d/o Ramesh Jadhav
Age : 20 years, Occu. Student,
R/o: Plot No. 39, Vitthalnagar,
Near Anandnagar, Jamner,
Tq. Jamner, Dist. Jalgaon.
2. Devainsh S/o Ramesh Jadhav,
Age : 14 years, Occu. Student,
Since minor through his father
Ramesh s/o Nina Jadhav,
Age : 50 years, Occu. Service,
R/o Plot No. 39, Vitthalnagar,
Near Anandnagar, Jamner,
Tq. Jamner, District Jalgaon ... PETITIONERS
VERSUS
1. The State of Maharashtra
Through its Secretary,
Medical Education and Drugs
Department, Mantralaya,
Mantralaya, Mumbai -32
2. The Director of Medical
Education and Research,
CET Cell, Opp. Government
Dental College and Hospital,
Building, Saint George's
Hospital Compound,
Near C.S.T. Railway Station,
Mumbai.
3. State Common Entrance Test Cell,
Maharashtra State, 8th Floor, New
Excelsior Building, A.K. Nayak Marg,
Fort, Mumbai, Through its Commissioner
and Competent Authority.
4. The Scheduled Tribe Certificate
Scrutiny Committee, Nandurbar
Division, Nandurbar, through its
Member Secretary .... RESPONDENTS
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...
Mr. S.R. Barlinge and Mr. V S Bholankar Advocate for Petitioners
Mr. S.P. Tiwari, AGP for Respondent Nos. 1 and 2
Mr. M.D. Narwadkar, Advocate for Respondent No. 3
...
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 27th JANUARY, 2022
ORAL JUDGMENT : ( PER : S.V. GANGAPURWALA, J.)
1. Rule. Rule made returnable forthwith. With consent of parties the
matter is taken up for final hearing at the admission stage.
2. The caste claim of the petitioners as belonging to 'Tokre Koli'
Scheduled Tribe, is invalidated.
3. Mr. Barlinge, learned counsel for the petitioners submits that Sunil
Baliram Jadhav is paternal cousin uncle of the petitioners. Earlier the
claim of the petitioner No. 1 was invalidated, as the Committee came to
the conclusion that petitioner No. 1 could not prove relationship with
Sunil Baliram Jadhav. She filed writ petition No. 8086 of 2020 before
this Court. The Division Bench of this Court under Judgment and order
dated 15th December, 2020 in Writ Petition No. 8086 of 2020 remanded
the matter to the Committee. After remand of the matter, the petitioners
could establish their relationship with Sunil Baliram Jadhav. The
Committee has also considered the relationship of the petitioners' father
with Sunil Baliram Jadhav. The validity certificate is directed to be
issued to Sunil Baliram Jadhav under order of Division Bench of this
Court on January 15, 2004 in Writ Petition No. 2604 of 2003. Father of
the petitioners is also issued with validity certificate of 'Tokre Koli'
scheduled tribe. Oldest entry is of the year 1910 in the name of paternal
cousin of the petitioners, namely, Giti. The vigilance has also accepted
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the entry as genuine one. Other contra entries of the year 1916 and
1986 were also the subject matter of consideration before the
Committee, when father of the petitioners was issued with validity
certificate. When this Court has directed the Committee to issue validity
certificate to paternal cousin uncle of the petitioners, the petitioners
ought to have been issued with validity certificates.
4. The learned AGP for respondents submits that there are other
contra entries on record, which were not considered by the Committee
while issuing the validity to Ramesh, the father of the petitioners. The
contra entries are of the years 1936, 1921, 1916 which records the caste
as 'Koli'. The learned AGP submits that even entry in the old record of
1910 relied upon by petitioners does not demonstrate caste as 'Tokre
Koli' but recorded as 'Koli Tokre', the same is not as per presidential
Notification. The petitioners failed in affinity test.
5. We have considered the submissions canvassed by the learned
counsel for the parties. We have also perused the judgment of the
Scrutiny Committee.
6. Initially, caste claim of the petitioner No. 1 was invalidated by the
Committee. She filed writ petition bearing No. 8086 of 2020 before this
Court. This Court remanded the said matter by setting aside the
Judgment of the Committee. This Court observed that the relationship
of the father of the petitioner with Sunil Baliram Jadhav was not
established and there is nothing on record to establish the relationship,
therefore, the matter was remanded so as to enable the petitioner
therein to prove her relationship with Sunil Baliram Jadhav. After
remand of the matter, caste claim of the petitioners is again invalidated
by the Committee. However, the Committee accepted the relationship of
the petitioners' father with Sunil Baliram Jadhav. They are paternal
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cousins.
7. The caste claim of Sunil Baliram Jadhav was also invalidated by
the Committee. Hence, he filed writ petition No. 2604 of 2003. The
Division Bench of this Court under Judgment and order dated January
15, 2004 set aside the Judgment of the Scrutiny Committee and directed
the Committee to issue validity certificate as 'Tokre Koli', Scheduled
Tribe. In the said case vigilance was conducted. The Judgment delivered
by this Court in the case of paternal relatives of the petitioners would be
the relevant fact. The reference can be made to the Judgment of this
Court in the case of Apoorva d/o Vinay Nichale Versus Divisional Caste
Certificate Scrutiny Committee and others reported in 2010 (6) Mh.L.J.
401.
8. It would also appear that before issuing validity to the father of
the petitioners, the vigilance was conducted. In the vigilance report the
contra entries in respect of school record of paternal cousins are referred
to. In the school record of the year 1935 of father of petitioners, namely,
Nina Jadhav, his caste is recorded as 'Koli'. In the school record of the
year 1953 of uncle of petitioners, namely, Ananda Baliram, his caste is
recorded as 'Koli' and in the school record of the year 1928 of uncle of
petitioners, namely, Shankar, his caste is recorded as 'Koli' and the same
were considered by the Committee while issuing validity to the father of
the petitioners. Even there were entries of 'Tokre Koli'. In the present
case, additional entry of the year 1910 in the name of paternal ancestor
of the petitioners is also placed on record. The said entry is in
Modi/Urdu script. The Vigilance Committee verified the same from the
person having knowledge of Urdu. His report is filed on record. In the
said report the caste is mentioned as 'Koli Tokre'. The Committee has not
disputed the relationship of the petitioners with said person.
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9. In view of aforesaid facts and judgment of this Court in the case of
Sunil Baliram Jadhav dated 15th January, 2004 in Writ Petition No.2604
of 2003, and validity of the petitioners' father after considering the
contra evidence on record, we pass the following order.
ORDER
(i) The writ petition is allowed. The impugned
Judgment is quashed and set aside.
(ii) The Committee shall issue validity certificates to
the petitioners of 'Tokre Koli', Scheduled Tribe
immediately.
10. Rule is made absolute in aforesaid terms. No costs.
( S.G. DIGE ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
mtk
