Bombay High Court
Radhika Mahendra Thakur Through ... vs State Of Maharashtra Through ... on 21 August, 2023
Bench: Mangesh S. Patil, Shailesh P. Brahme
2023:BHC-AUG:18017-DB
1 36.WP-10195-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 10195 / 2023
Kum. Radhika d/o Mahendra Thakur ...Petitioner
Versus
1. The State of Maharashtra,
Through Principal Secretary
Tribal Development Department,
Mantralaya, Mumbai.
2. Scheduled Tribe Certificate
Scrutiny Committee, Kinwat,
Headquarter Aurangabad,
through its Member Secretary. ...Respondents
___
Mr. Sagar S. Phatale, Advocate for the Petitioner.
Mr. S.G. Sangale, AGP for respondents/State.
___
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 21 AUGUST 2023.
FINAL ORDER [SHAILESH P. BRAHME, J.] :
. Heard both the sides finally.
1. The petitioner is challenging the judgment and order dated
08.08.2023 passed by the respondent no.2/Scrutiny Committee,
invalidating her claim as belonging to Thakur scheduled tribe. She is
relying upon the number of validity holders in the family, vigilance
report in case of her father, old entries of 1926.
2. The learned AGP submits that the Scrutiny Committee has
rightly rejected the caste claim in view of contrary entries and
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tampering of the record. The Committee has rightly exercised the
jurisdiction in discarding the validity certificate. It is submitted that
the Scrutiny Committee has issued notices for conducting re-
verification. The original papers of the petitioner and first validity
holder, Ramdas are placed on record.
3. We have considered submissions advanced by both the sides.
The genealogy reveals that the petitioner is relying upon the validity
certificate issued to her father and grandfather. Her grandfather was
issued with validity certificate by a reasoned order followed by
vigilance report. The original file reveals that the relevant record
was considered by the Committee including the school record of 1926
of Vishwanath Thakur. The father of the petitioner was also issued
with validity certificate by the reasoned order. We do not find any
impediment for relying upon the validity certificate. The finding
recorded by the Committee for discarding the validity certificates are
unsustainable.
4. It reveals from the record that the school record having greater
probative value was verified during the course of vigilance enquiry.
It was properly relied upon in the matters of earlier validity holders.
The Scrutiny Committee ought to have issued validity certificate to
the petitioner subject to certain conditions.
5. The objection of the learned AGP regarding contrary entries
and tampering of record cannot be gone into at this stage of the
proceeding. The petitioner has undertaken the risk of relying upon
the validity certificates which would be subject to their verification.
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6. We find that the impugned judgment and order is
unsustainable. We, therefore, pass the following order.
ORDER
(i) The writ petition is partly allowed.
(ii) The impugned judgment and order dated 08.08.2023 passed by
the Scrutiny Committee is quashed and set aside.
(iii) The Scrutiny Committee shall issue tribe validity certificate of
scheduled tribe 'Thakur' in favour of the petitioner forthwith which
shall be subject to outcome of the re-verification and undertaken by
the Scrutiny Committee.
(iv) The petitioner shall not be entitled to claim equities.
[SHAILESH P. BRAHME, J.] [MANGESH S. PATIL, J.]
NAJEEB/..
