Bombay High Court
Satyanarayan Laxmanrao Andelwar vs The Scheduled Tribe Certificate ... 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
982 WRIT PETITION NO. 1059 OF 2022
SATYANARAYAN LAXMANRAO ANDELWAR
VERSUS
THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE
THROUGH ITS MEMEBR SECRETARY
...
Advocate for Petitioner : Mr. Ajay S. Deshpande
AGP for Respondent: Mr. S.P. Tiwari
...
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 27th JANUARY, 2022
PER COURT :-
1. The caste claim of the petitioner as belonging to "Mannervarlu" is
invalidated.
2. The learned counsel for the petitioner submits that caste claim of
the petitioner is invalidated basically on the ground that earlier the caste
claim of one real brother and real sister was invalidated and the same
was suppressed by the petitioner. The learned counsel for the petitioner
submits that when the caste claim of real brother of the petitioner was
invalidated, the petitioner was not even born and caste claim of one
sister Savita was invalidated in the year 1997, the petitioner was two
years old. The petitioner has lost his father in the year 2005. If
opportunity would have given to the petitioner, the petitioner could
have explained the said fact, however, the Committee failed to consider
that subsequently two real sisters of petitioner, namely Jyoti and
Saraswati are issued with validity certificates after conducting vigilance.
The said issue is not considered by the Committee. The learned counsel
for petitioner submits that even old Pahani Patrak of the year 1353 Fasli
was placed on record, therein against name of ancestors of the petitioner
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caste was recorded as Mannerwarlu. The Committee has concluded that
the same is forged document on the basis of letter of the Tahsildar that
said document is not traceable and therefore the conclusion has been
drawn by the Committee on assumption. The petitioner has placed
certified copy of the same before it, which is obtained in the year 2018.
3. The learned AGP for respondent- State submits that invalidation
of the caste claim of the real brother of the petitioner is even upheld by
the Judgment of this Court and in the Supreme Court. The SLP was
withdrawn. According to learned AGP, consistent contra entries are
there. The validities are obtained by suppressing invalidation of
Shriniwas and Savita.
4. The contention of the petitioner it appears is that petitioner was
not aware about the invalidation of his real brother Shriniwas and
Savita.
5. The document of Pahani patrak of 1353 Fasli equivalent to 1943 if
it is genuine, the same will have more probative value being pre-
constitutional document. However, genuineness of the same will have
to be considered by the Committee. Considering the matter pertains to
social status of the family of the petitioner, we give one more
opportunity to the petitioner. In the result, we pass the following order:
ORDER
(i) The impugned order is set aside. The parties are
relegated before the Committee.
(ii) The petitioner shall appear before the Committee on
31st January, 2022 and may putforth his stand with
regard to invalidation of the caste claim of real
brother Shriniwas and real sister Savita so also may
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place on record the fresh certified copy of Pahani
Patrak of 1353 Fasli relied upon by the petitioner.
(iii) If petitioner places on record the fresh certified copy
of the Pahani Patrak obtained from the competent
authority then the Committee may direct the
vigilance in respect of the said document afresh.
(iv) Considering that the petitioner is seeking admission
to postgraduate course the Committee may, if
possible, endeavour to decide the proceeding by 7 th
February, 2022.
6. Writ Petition is disposed of. No costs.
( S.G. DIGE ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
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