Rushikesh Somnath Boyane Through ... vs The State Of Maharashtra And ...
2022 Latest Caselaw 2458 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 12980 OF 2021

Rushikesh S/o. Somnath Boyane
Age : 18 years, Occu. Education,
R/o. Ujlamb, Tq. Chakur, Dist. Latur
Through power of attorney holder
Somnath S/o. Rangnath Boyane
Age 49 years, Occu. Service,
R/o. As above.                                       ...Petitioners.

                   Versus

1.        The State of Maharashtra
          Through Secretary to Tribal Development
          Department, Mantralaya, Mumbai.

2.        The Schedule Tribe Certificate
          Verification Committee, Aurangabad
          Through its Deputy Director ( R)
          Dist. Aurangabad.

3.        The Commissioner & Competent Authority,
          Commissionerate of Common Entrance Test Cell,
          Government of Maharashtra,
          8th Floor, New Excelsior Building,
          A.K. Naik Marg, Fort, Mumbai.               ....Respondents.

                                        ...
Mr. S.M. Vibhute, Advocate for petitioner.
Mr. P.S. Patil, AGP for respondents Nos. 1 and 2.
Mr. M.D. Narwadkar, Advocate for respondent No. 3.
                                        ...
                                      WITH
                          WRIT PETITION NO. 12977 OF 2021

Pooja D/o. Somnath Boyane
Age : 25 years, Occu. Education,



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                                                      WP No.12980/21 & Ors.
                                        2

R/o. Ujlamb, Tq. Chakur, Dist. Latur
Through power of attorney holder
Somnath S/o. Rangnath Boyane
Age 49 years, Occu. Service,
R/o. As above.                                       ...Petitioners.

                   Versus

1.        The State of Maharashtra
          Through Secretary to Tribal Development
          Department, Mantralaya, Mumbai.

2.        The Schedule Tribe Certificate
          Verification Committee, Aurangabad
          Through its Deputy Director ( R)
          Dist. Aurangabad.

3.        The Principal,
          Vasantdada Patil Ayurvedic College,
          Opp Income Tax Office, Sangli Miraj Road,
          South Shivaji Nagar, Sangli,
          Dist. Sangli.

4.        The Registrar,
          Maharashtra University of Health
          Sciences, Dindori Road, Mhasrul/
          Nashik, District-Nashik.

5.        The Principal,
          Rajarshi Shahu College
          Latur, Tq. & Dist. Latur.           ....Respondents.

                                        ...
Mr. S.M. Vibhute, Advocate for petitioner.
Mr. P.S. Patil, AGP for respondent/State.
                                        ...
                                      WITH
                          WRIT PETITION NO. 12984 OF 2021

Dnyaneshwari D/o. Somnath Boyane


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                                                     WP No.12980/21 & Ors.
                                         3

Age : 25 years, Occu. Education,
R/o. Ujlamb, Tq. Chakur, Dist. Latur
Through power of attorney holder
Somnath S/o. Rangnath Boyane
Age 49 years, Occu. Service,
R/o. As above.                                      ...Petitioners.

                   Versus

1.        The State of Maharashtra
          Through Secretary to Tribal Development
          Department, Mantralaya, Mumbai.

2.        The Schedule Tribe Certificate
          Verification Committee, Aurangabad
          Through its Deputy Director ( R)
          Dist. Aurangabad.

3.        The Principal,
          Ashtang Ayurved College,
          2062 (New) Vijaynagar Colony,
          Sadashiv Peth, Pune,
          Dist. Pune.

4.        The Registrar,
          Maharashtra University of Health
          Sciences, Dindori Road, Mhasru/
          Nashik, District-Nashik.

5.        The Principal
          Rajashri Shahu College,
          Latur, Tq. & Dist. Latur            ....Respondents.

                                        ...
Mr. S.M. Vibhute, Advocate for petitioner.
Mr. P.S. Patil, AGP for respondent/State.
                                        ...
                                     CORAM : R. D. DHANUKA &
                                             S. G. MEHARE, JJ.
                                     DATED : 11/03/2022.


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                                                         WP No.12980/21 & Ors.
                                          4

JUDGMENT :

1. Leave to amend is granted to implead the Scheduled Tribe

Caste Validity Verification Committee as party respondent No. 4.

Amendment be carried out immediately. Re-verifiation is dispensed

with.

2. In Writ Petition No. 12980/2021, Rule. The learned AGP

waives service for respondent Nos. 1 and 2. Learned counsel Mr. M.D.

Narwadkar waives service for respondent No. 3. Rule made returnable

forthwith. By consent of parties, heard finally.

3. By this petition filed under Article 226 of the Constitution

of India, the petitioner seek writ of certiorari for quashing and setting

aside the order dated 13.11.2021 passed by the respondent No. 2 -

Caste Scrutiny Committee, invalidating the tribe claim of the petitioner

for Koli Mahadev, Schedule Tribe.

4. The learned counsel for the petitioner has invited our

attention to the genealogy annexed at page No. 18 of this petition and

would submit that the petitioner is son of Somnath. He submits that

this Court by judgment and order dated 9th February 2022 in the case

of Shivleela Sakharam Boyane Vs. The State of Maharashtra and Ors.

in Writ Petition No. 1098/2022 filed by Shivleela Sakharam Boyane,

who claims to be paternal relative of the father of the petitioner and

WP No.12980/21 & Ors.

has granted caste validity certificate on the basis of certificate issued in

favour of Somnath Boyane.

5. The learned counsel for the petitioner tenders a copy of the

provisional selection list for MBBS and BDS round 2 issued by the

Government of Maharashtra and would submit that the name of the

petitioner is included at Sr. No. 25846 under S.T. category. He submits

that the judgment of this Court in case of Shivleela Sakharam Boyane

supra which allowed petition after adverting to the case of Apoorva d/

o. Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee

and Ors. Reported in 2010 (6) Mh.L.J. 401 would apply to the facts of

this case. He submits that he has no objection if directions issued in

operative part of the said judgment, more particularly, in clause (ii)

that "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" is passed in this matter also. The

statement is accepted.

6. The learned AGP on the other hand submits that the Caste

Scrutiny Committee has already issued show cause notice to said

Somnath Boyane for withdrawing the caste validity certificate granted

WP No.12980/21 & Ors.

in his favour on the ground that entries of caste recorded in the school

record of Somnath, Gangaram, Sakharam and Rangnath are

interpolated and the said proceedings are pending. He submits that in

view of this fact, no interference with the order passed by the Caste

Scrutiny Committee is warranted in the facts of this case.

7. The learned AGP does not dispute that the Caste Scrutiny

Committee has already granted caste validity certificate in favour of

Somnath, father of the petitioner as he belongs to Koli Mahadev,

Scheduled Tribe. This Court by the aforesaid judgment dated 9 th

February 2022, after considering the arguments of both the sides and

after adverting to the judgment in the case of Apoorva supra has

directed the Caste Scrutiny Committee to issue validity certificate to

the petitioner therein of Koli Mahadev, Scheduled Tribe. This Court,

however, made it clear that 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.

8. In view of the fact that the petitioner's name is included in

the provisional select list issued by the Government of Maharashtra for

admission under S.T. category, we are inclined to pass the order on the

same line on which this Court has passed on 9 th February 2022. Hence,

the following order.

WP No.12980/21 & Ors.

ORDER

(I) Writ Petition No.12980/2011 is allowed. The Committee shall issue validity certificate to the petitioner of Koli Mahadev Scheduled Tribe which shall be subject to the outcome of the decision that would be taken by the Caste Scrutiny Committee in the proceedings reopened of the validity holders relied upon by the petitioner.

(II) The admission if granted by the State of Maharashtra to the petitioner as per the list produced before this Court for perusal, that would be subject to the order that may be passed by the Caste Scrutiny Committee in the proceedings of show cause notices issued to the validity holders which are relied upon by the petitioners in this case. The petitioner shall not claim any equity on the basis of this order in future if the caste validity certificate of the validity holders which are relied upon by the petitioner is recalled by the Caste Scrutiny Committee.

(III) The Caste Scrutiny Committee is directed to issue caste validity certificate in favour of the petitioner forthwith. The learned AGP agrees to convey this order for information and compliance to Caste Scrutiny Committee forthwith.

(IV) Insofar as Writ Petition No. 12977/2021 filed by Pooja

WP No.12980/21 & Ors.

Somnath Boyane and Writ Petition No. 12984/2021 filed by Dnyaneshwari Somnath Boyane are concerned this decision would not apply and those writ petitions would be decided independently on its own merits.

(V) Respondents are permitted to file affidavit in reply in those petitions within two weeks from today and shall produce the original record and proceedings filed before the Caste Scrutiny Committee for perusal of this Court on the next date and as and when the matters would be listed on board. The petitioners would be at liberty to take inspection of the original record and proceedings after giving 48 hours advance notice to the learned AGP. Rejoinder, if any, shall be filed within one week thereafter. Place the matters on board for admission on 11th April 2022.

[ S. G. MEHARE, J. ]                            [ R. D. DHANUKA, J. ]



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