Bombay High Court
Saurabh Sanjay Ghante vs The State Of Maharashtra And ... on 3 August, 2023
Bench: Mangesh S. Patil, Shailesh P. Brahme
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10880 OF 2018
SAURABH SANJAY GHANTE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
....
Advocate for Petitioner : Mr. P.V. Jadhavar
Addl. GP for Respondents : Mr. P.S. Patil
....
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATED : 03 AUGUST, 2023
PER COURT ( PER : SHAILESH P. BRAHME, J) :
1. Heard both sides for final disposal of the Writ Petition.
There is an urgency expressed by the petitioner and, therefore, taken
up for final hearing at the admission stage.
2. The petitioner is challenging the judgment and order
dated 30.06.2018, passed by the Scrutiny Committee, invalidating his
claim for 'Koli Mahadev' scheduled tribe. He is relying upon the
orders passed by the High Court in the matters of Sumeet and
Swastik, who are his blood relatives. Besides that, he has placed on
record the validity certificates issued in his family demonstrated by
genealogy at page no. 42.
3. Learned AGP supports impugned judgment and order.
The Scrutiny Committee has rightly rejected the caste claim
1/3
::: Uploaded on - 05/08/2023 ::: Downloaded on - 06/08/2023 00:22:20 :::
considering contrary entries in the school record. According to him,
the Scrutiny Committee is justified in discarding the validity
certificates in support of the petitioner. It is also informed during the
course of hearing that the Scrutiny Committee has decided to re-
open the matters of the validity holders.
4. The petitioner is relying upon the genealogy which is at
page no. 42. From the said genealogy, it can be seen that validity
certificate issued to Dayanand, Shobha, Subhash, Sanjay, Swastik,
Sumeet and Swati. Sanjay is father of the petitioner. It is contended
by the petitioner that the validity certificates were issued after
following the due procedure of law. Learned AGP cannot point out
any circumstance to disbelieve the validity certificates.
5. During the course of hearing the petitioner has produced
on record the orders passed by the High Court in the matter of
Sumeet Subhash Ghante Versus The State of Maharashtra and
others, in Writ Petition No. 14997 of 2019 and in the matter of
Swastik Shivaji Ghante Versus The State of Maharashtra and others,
in Writ Petition No. 4042 of 2019. Sumeet and Swastik are paternal
side blood relatives of the petitioner which is evident from the
genealogy. They were directed to be issued validity certificates
conditionally by the orders passed by the High Court. In the light of
2/3
::: Uploaded on - 05/08/2023 ::: Downloaded on - 06/08/2023 00:22:20 :::
the above, we also propose to follow the same course. The
petitioner is entitled to get validity certificate conditionally.
6. We hold that the impugned judgment and order is
discriminatory and unsustainable. We, therefore, pass following
order:
ORDER
i. The impugned judgment and order passed by the
Scrutiny Committee is quashed an set aside.
ii. The Scrutiny Committee shall issue validity
certificate to the petitioner for 'Koli Mahadev' scheduled
tribe within a period of two weeks from today, on
condition that the validity shall be subject to the outcome
of re-verification undertaken by the Scrutiny Committee.
iii. The petitioner shall not claim any equity.
7. The Writ Petition is disposed of in above terms.
( SHAILESH P. BRAHME, J. ) ( MANGESH S. PATIL, J. )
SPC/
