Vitthal Poshatti Shamod vs The State Of Maharashtra Through ...
2023 Latest Caselaw 8605 Bom

2023:BHC-AUG:18259-DB




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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                     WRIT PETITION NO. 10328 OF 2023

                          Anuja Vitthal Shamod,
                          Age : 19 years, Occ : Education,
                          R/o Biloli, Tq. Biloli,
                          Dist. Nanded.                               ..   Petitioner

                                   Versus

                 1.       State of Maharashtra
                          through Principal Secretary,
                          Tribal Development Department
                          Mantralaya, Mumbai - 32.

                 2.       Scheduled Tribe Certificate
                          Scrutiny Committee, Kinwat,
                          Headqaurter at Aurangabad,
                          Dist. Aurangabad
                          through its Member Secretary.               ..   Respondents

                 Shri Sagar S. Phatale, Advocate for the Petitioner.
                 Shri A. S. Shinde, A.G.P. for the Respondent Nos. 1 and 2.

                                                  WITH
                                       WRIT PETITION NO. 770 OF 2023

                          Vitthal S/o Pohatti Shamod,
                          Age : 19 years, Occ : Education,
                          R/o Brahman Galli, Biloli,
                          Tq. Biloli, Dist. Nanded.                   ..   Petitioner

                                   Versus

                 1.       The State of Maharashtra
                          through Principal Secretary,
                          Tribal Development Department
                          Mantralaya, Mumbai - 32.




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 2.       Deputy Director (Research)
          and Member Secretary
          Scheduled Tribe Certificate
          Scrutiny Committee, Kinwat,
          Headqaurter at Aurangabad,
          Dist. Aurangabad
          Near Saint Lawrence High
          School, Town Centre, CIDCO,
          Aurangabad, Dist. Aurangabad.                     ..   Respondents

 Shri Sagar S. Phatale, Advocate for the Petitioner.
 Shri A. S. Shinde, A.G.P. for the Respondent Nos. 1 and 2.

                           CORAM :    MANGESH S. PATIL AND
                                      SHAILESH P. BRAHME, JJ.

DATE : 23 AUGUST 2023.

FINAL ORDER (Per Shailesh P. Brahme, J.) :-

. Heard both sides for final disposal at admission stage considering the urgency expressed by the petitioner in Writ Petition No. 10328 of 2023.

2. At the request of the learned counsel for the petitioner, papers of Writ Petition No. 770 of 2023 are called for.

3. The petitioners are daughter and father respectively. There is common record to assess their entitlement to the social status as belonging to 'Mannervarlu' (Scheduled Tribe).

4. The petitioner Anuja Vitthal Shamod in Writ Petition No. 10328 of 2023 is challenging the judgment and order dated 01.08.2023 invalidating her tribe claim passed by the respondent/Scrutiny Committee. Whereas her father Vitthal

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Poshatti Shamod in Writ Petition No. 770 of 2023 is challenging the judgment and order dated 30.12.2008 invalidating his tribe claim. They both rely upon the old record which was verified by the vigilance officer. The school record of Poshatti Mahadu Shamod, Laxman Poshatti Shamod and Vitthal Poshatti Shamod (Petitioner) has great probative value.

5. The learned Assistant Government Pleader would support the impugned judgments and orders passed in respective petitions. According to him the school record was found to be tampered. The scrutiny committee is justified in rejecting the tribe claims of the petitioners. Additionally, it is submitted that there are laches in Writ Petition No. 770 of 2023 in approaching this Court.

6. We have considered rival submissions of the parties. The petitioners are relying upon the school record of Poshatti Mahadu indicating caste as Mannervalu, which is in Urdu langauge and batainama of Shamod Poshatti, which is also in Urdu language. There is no dispute that the batainama, which is in Urdu at page No. 27 (translated copy is at page No. 28-A) in Writ Petition No. 10328 of 2023 was not referred to the vigilance enquiry. The scrutiny committee did not consider the batainama. The original document is in Urdu language. The translation thereof needs to be verified.

7. When the caste claim of the petitioner in Writ Petition No. 770 of 2023 was invalidated that time 'batainama' was not

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produced before the Committee. Both the matters revolve around the old record. The learned A. G. P. has pointed out the photo copy from the original file of the school record. The translation thereof is on record. The vigilance officer has passed a remark on the record of Poshatti indicating caste as manipulation. It is not made clear whether officer was conversant with Urdu language or not. Before arriving at any conclusion over the school record, we deem it appropriate to refer it to the scrutiny committee for fresh enquiry.

8. We are not impressed by the submissions of the learned A. G. P. for dismissing the Writ Petition No. 770 of 2023 on the ground of laches. The tribe verification has serious repercussions not only on the claimant, but generations to come. Already we are seized with the matter of daughter of the petitioner. The self same record is under scrutiny. Therefore, we deem it appropriate to deal with the matters on merits, than, to be hyper technical.

9. For the reasons recorded above, we are of the view that the ends of the justice would be met in remanding the matters to the scrutiny committee for fresh enquiry. It is expected that the old record referred to above shall be scrutinized thoroughly.

10. For the reasons recorded above, the writ petitions are partly allowed. The impugned judgments and orders are quashed and set aside and the matters are remanded back to the scrutiny committee for deciding the same afresh after giving opportunity

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of hearing to the petitioners. The petitioners shall appear before the scrutiny committee on 04.09.2023.

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

bsb/Aug. 23