Bombay High Court
Georail Taluka Shikshak ... vs The State Of Maharashtra And ... on 17 August, 2023
Bench: Mangesh S. Patil, Shailesh P. Brahme
2023:BHC-AUG:17791-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6998 OF 2019
Ku. Snehal Sadashiv Pupulwad
Age : 22 Yrs., Occu.: Student,
R/o At Post Dhanora (Bk),
Tahsil Ombari, Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra,
Tribal Development Department,
Mantralaya, Mumbai - 32.
2. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad Division,
Aurangabad.
Through Joint Commissioner/
Vice President.
3. Sub Divisional Officer,
Dharmabad, Dist. Nanded.
4. Maharashtra Institute of Dental
Sciences & Research
(MIDSR Dental College),
Ambajogai Road,
Latur 413512.
Through it's Principal/Dean
5. Maharashtra University of Health
Sciences, Vani Road, Nasik,
Through it's Registrar .. Respondents
Shri A. S. Golegaonkar, Advocate for the Petitioner.
Shri S. G. Sangle, A.G.P. for the Respondent Nos. 1 to 3.
AND
WRIT PETITION NO. 7149 OF 2020
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Siddhant Sadashiv Pupulwad
Age : 18 Yrs., Occu.: Student,
R/o At Post Dhanora (Bk),
Tahsil Ombari, Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra,
Tribal Development Department,
Mantralaya, Mumbai - 32.
2. Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad Division,
Aurangabad.
Through Joint Commissioner/
Vice President.
3. Sub Divisional Officer,
Dharmabad, Dist. Nanded. .. Respondents
Shri A. S. Golegaonkar, Advocate for the Petitioner.
Shri S. G. Sangle, A.G.P. for the Respondent Nos. 1 to 3.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 17 AUGUST 2023.
FINAL ORDER (Per Shailesh P. Brahme, J.) :-
. The Writ Petition No. 7149 of 2020 is not on board. A
request was made by the learned counsel for the petitioner for
calling for the papers in Writ Petition No. 7149 of 2020.
Therefore, Writ Petition No. 7149 of 2020 is taken on board.
2. Heard learned counsel for respective parties. Both the writ
petitions are taken up for final hearing at the admission stage as
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urgency is being expressed.
3. Both the petitioners are siblings of Sadashiv Narayan
Pupulwad. They claim to be belonging to 'Mannervarlu'
(Scheduled Tribe). Their proposals for validation of tribe
certificates are rejected by the respondent No. 2/Scrutiny
Committee by common judgment and order dated 29.05.2019.
Feeling aggrieved they have presented these petitions before us.
4. The petitioners rely upon seven validity certificates issued
in the family which is disclosed in the genealogy at page No. 41.
Reference is made to the original papers of Sarita Uttamrao
Pupulwad, first validity holder, which are made available by the
learned Assistant Government Pleader.
5. The learned A. G. P. would oppose the claims of the
petitioners. Our attention is drawn to the contrary entries in the
case of Uttam Narayan Pupulwad, Sadashiv Narayan Pupulwad
and Jyotsana Uttam Pupulwad. Considering the tampering of
the school record, the committee is justified in rejecting the caste
claims. The learned A. G. P. would submit that the validity
certificates are procured by misrepresentation and false
information. The Committee has already issued notices to the
validity holders.
6. Considering the original files, we find that vigilance
enquiry was conducted in the matter of Sarita. By reasoned
order the validity certificate was issued to Sarita. The relevant
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record was considered by the Committee. We find that the
Scrutiny Committee has no jurisdiction to examine the self same
record and doubt the validity certificate of Sarita and other
validity holders. The successive Committee cannot undertake
reappreciation of evidence on record.
7. The contentions of the learned A. G. P. that there were
contrary entries and manipulation of the record cannot be gone
into in our writ jurisdiction. The same can be subject matter of
reverification which is already proposed by the Committee.
Unless and until the validity certificates are revoked, the
petitioners cannot be deprived of the identical social status. We
are of the considered view that the petitioners are entitled for
conditional validity certificates.
8. We find that the impugned judgment and order is
unsustainable. Hence we pass following order.
ORDER
i. The Writ Petition is partly allowed.
ii. The common impugned judgment and order dated
29.05.2019 passed by the respondent no. 2 - Scrutiny Committee
is quashed and set aside.
iii. The Committee shall immediately issue tribe validity
certificates to the petitioners as belonging to 'Mannervarlu'
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scheduled tribe, which shall be subject to the decision to be taken
by the Committee in the matters which it intends to reopen in
respect of the validity holders.
iv. The certificates of validity shall be issued strictly in the
prescribed format without incorporating other
conditions/additions.
v. The petitioners shall not be entitled to claim equities.
[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.]
bsb/Aug. 23
