Bombay High Court
Muddasir Mukhtar Khan Pathan vs The State Of Maharashtra Through ... on 23 August, 2023
Bench: Mangesh S. Patil, Shailesh P. Brahme
2023:BHC-AUG:18264-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8971 OF 2023
Muddasir S/o Mukhtar Khan Pathan,
Age : 25 years, Occ : Student,
R/o Shahinshah Nagar,
Dnyaneshwar Motor Driving School,
Dist. Beed. .. Petitioner
Versus
1. The State of Maharashtra,
Through Secretary,
Tribal Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Division, Aurangabad.
Through its Member Secretary.
3. Sub Divisional Officer,
Beed, Collector Officer,
Dist. Beed.
4. Hinduhriday Samrat Balasaheb
Thackeray Medical College,
Dr. R. N. Cooper Municipal
General Hospital, Juhu - Vile
Parle Mumbai - 400 056,
Through Dean.
5. Maharashtra University of
Health Sciences, Nashik,
Through its Registrar. .. Respondents
Shri A. S. Golegaonkar Advocate for the Petitioner.
Shri S. G. Sangle, A.G.P. for the Respondent Nos. 1 to 3.
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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.
2. The petitioner is challenging the judgment and order dated
12.08.2022 passed by the respondent No. 2/Scrutiny Committee
invalidating his tribe claim as belonging to 'Tadavi' (Scheduled
Tribe).
3. The petitioner is relying upon five validity certificates
issued in his family by referring to genealogy which is submitted
before this Court. Same is taken on record and marked 'X' for
identification. According to him Bakhtar Khan Tadavi is the
first validity holder.
4. The learned Assistant Government Pleader would oppose
the caste claim of the petitioner. He would submit that the
Scrutiny committee is justified in rejecting the tribe claim as
there were manipulations in the record and validity certificates
are outcome of misrepresentation and fraud. He would further
submit that there is serious doubt about the relationship. The
original papers of the committee are placed on record.
5. It is noticed that the petitioner has placed on record the
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recent order passed by the Scrutiny Committee in the matter of
validity holder Baktyar Khan, Muktar Khan and Moin Khan.
The orders reflect consideration of old record by following
vigilance enquiry. Their validity certificates are on record. We
do not find any impediment in relying upon the validity
certificates. The scrutiny committee has committed perversity in
discarding the validity certificates.
6. Unless and until the validity certificates of the relatives of
the petitioner are revoked, the petitioner cannot be denied the
benefit of equal social status. It is informed that the scrutiny
committee has issued notices for reverification. The petitioner
has taken a risk of seeking validity subject to outcome of the
reverification.
7. We find that the impugned judgment and order is
unsustainable. The writ petition is disposed of by passing
following order.
ORDER
A) The writ petition is partly allowed.
B) The impugned order is quashed and set aside.
C) The respondent No. 2-Scrutiny Committee shall
immediately issue tribe validity certificate to the petitioner as
belonging to 'Tadvi' scheduled tribe in the prescribed format
without adding anything.
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D) The validity shall be subject to the final outcome of the
matters which the committee has decided to re-open.
E) The petitioner shall not be entitled to claim equities.
[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.]
bsb/Aug. 23
