Gangaprasad Nagesh Lolapod vs The State Of Maharashtra And ...
2023 Latest Caselaw 7733 Bom

                                     1                        1060.WP-1241 & 1392-2022.doc




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD
                          WRIT PETITION NO. 1241 OF 2022
Gangaprasad s/o Nagesh Lolapod                                   ...Petitioner
     Versus
1)   The State of Maharashtra
     Tribal Development Department, Mumbai.
2)   The Scheduled Tribe Caste Certificate
     Verification Committee,
     Aurangabad. Through its Member Secretary.

3)   The Sub Divisional Officer,
     Dharmabad, District, Nanded.                                ...Respondents

                                         AND
                           WRIT PETITION NO. 1392 OF 2022
Nagesh s/o Sayanna Lolapod                                       ...Petitioner
    Versus
1) The State of Maharashtra
    Tribal Development Department, Mumbai.
2)   The Scheduled Tribe Caste Certificate
     Verification Committee,
     Aurangabad. Through its Member Secretary.
3)   The Taluka Executive Magistrate,
     Biloli, District, Nanded.                                   ...Respondents
                                      ...
 Advocate for Petitioners : Mr. A.S. Golegaokar i/by Mr. M.A. Golegaonkar
              AGP for Respondents/State : Mr. S. G. Sangale
                                      ...
                                   CORAM : MANGESH S. PATIL &
                                                SHAILESH P. BRAHME, JJ.
                                     DATE : 03 AUGUST 2023




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PER COURT :
.         Heard both the sides finally. Considering the urgency expressed by
the petitioners, the matter is taken up for final adjudication at the
admission stage.

2.        The petitioner - Gangaprasad in Writ Petition No.1241/2022 is the
son      of     Nagesh        Sayanna    Lolapod,   petitioner     in     Writ     Petition
No.1392/2022. Their caste validity certificates of scheduled tribe
'Mannervarlu' were invalidated by common judgment and order dated
15.12.2021 passed by the respondent no.2/Scrutiny Committee. Being
aggrieved, they have approached this Court. They are placing reliance
upon the judgment and order passed by the High Court in Writ Petition
No.5211/2003 in the matter of Madhav Gangaram Lolapod Vs. State of
Maharashtra and Others.                Besides that they are also relying the old
school record of the blood relatives.


3.        The learned AGP supports impugned judgment and order.
According to him, there is no perversity and illegality in the impugned
judgment and order. The Scrutiny Committee is justified in rejecting the
caste claim considering contrary entries and manipulation of the record
of the close relatives of the petitioners. The Scrutiny Committee has
rightly discarded the validity certificate, which was obtained by
suppression of material facts. Besides that, the learned AGP submits
that the Scrutiny Committee has decided to reopen the validity of
Madhav.




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4.     The petitioners have placed on record genealogy at page no.100.
There is no dispute about the relationship of the petitioners with the
validity holder Madhav. It is evident that Madhav is paternal side blood
relative.      He was issued validity certificate by the order dated
25.11.2004 passed by the High Court in Writ Petition No.5211/2003. A
copy of judgment and order is placed on record at page no.89.


5.     We have gone through the judgment passed in Madhav's case. His
petition was allowed on the basis of identical material. The validity
certificate issued to Madhav is reliable. As per settled legal position, the
petitioners are also entitled for the validity certificate conditionally.


6.     It is informed by the learned AGP that the Scrutiny Committee is
intending to undertake the re-verification of the certificate of a validity
holder. But we are of considered view that till the validity certificate is
revoked, the petitioners are entitled to have caste validity.


7.     We find that the impugned judgment and order is unsustainable.
We, therefore, pass the following order.

                                    ORDER

(i) The writ petitions are partly allowed.

(ii) The impugned order dated 15.12.2021 passed by the respondent no.2/Scrutiny Committee is quashed and set aside.

4 1060.WP-1241 & 1392-2022.doc

(iii) The respondent no.2/Committee shall issue tribe validity certificates to the petitioners as belonging to ' Mannervarlu' scheduled tribe forthwith, which shall be subject to the outcome of the re- verification intended to be undertaken by the Scrutiny Committee.

(iv) The petitioners shall not be entitled to claim equities.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.]

Najeeb.