Shrinivas Gangadhar Pentewad vs The State Of Maharashtra Through ...
2023 Latest Caselaw 8828 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                      947 WRIT PETITION NO. 2530 OF 2023

                  SHRINIVAS GANGADHAR PENTEWAD
                                  VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS
                                       ...
             Advocate for Petitioner : Mr. Thorat Chandrakant R.
             AGP for Respondent Nos. 1 & 2 : Mr. S.G. Sangale
           Advocate for Respondent No. 3 : Mr. Borulkar Avinash R.
                                       ...
                                CORAM      : MANGESH S. PATIL &
                                             SHAILESH P. BRAHME, JJ.

                                DATE       : 29 AUGUST 2023

PER COURT ( PER : SHAILESH P. BRAHME, J ) :

1.              Heard both sides finally at the admission stage.


2.              The present petition is emanating from judgment and order

dated 26.09.2022, passed by the Scrutiny Committee invalidating the

tribe claim of the petitioner for 'Mannervarlu' scheduled tribe. The

petitioner has relied upon the validity certificate of his father, besides

other validity holders and old record.


3.              Learned AGP supports the impugned judgment and order.

According to him, the school record was not compatible with the claim

of the petitioner. The old record of Fasli 1352 is unreliable. Considering

the manipulation in the service record, assessment list and revenue

record, the tribe claim was rightly rejected by the Committee. According




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to him, the Scrutiny Committee is justified in discarding the validity

certificate of the father of the petitioner as it was based upon the validity

certificate issued to maternal side relative.


4.              Learned AGP has informed that the Committee has

proposed re-verification of validity certificate issued to the father of the

petitioner. To buttress the submissions, learned AGP has produced on

record original file of the petitioner and validity holders. He has drawn

our attention to revenue entry of Survey No. 124 to point out that the

reference of caste in the revenue record is uncalled for.


5.              We have considered rival submissions of the parties.

Learned counsel for the petitioner has drawn our attention to the

vigilance report prepared in the matter of his father Gangadhar.                   It

reveals that the school record was taken into account by the vigilance

cell. Thereafter, a reasoned order was passed issuing validity certificate

to Gangadhar which is clear from original papers of Gangadhar. The old

record was also taken into account. We are of the considered view that

the validity certificate was issued after following due procedure of law

and it should enure to the benefit of the petitioner.


6.              The submissions of learned counsel in respect of the

manipulation in the record is concerned, the same can be considered




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during re-verification. The Scrutiny Committee has already decided to

reopen the matter of father of the petitioner Gangadhar. We are,

therefore, not expressing our            opinion regarding Fasli             record,

manipulation of the record and the contrary entries.


7.              We are of the considered view that unless and until the

validity certificate of the father is revoked, the petitioner cannot be

deprived of benefit of equal social status. The Scrutiny Committee erred

in discarding the validity certificate. The impugned judgment and order

is unsustainable. We, therefore, dispose of this Writ Petition by following

order :

                                   ORDER

i. The Writ Petition is partly allowed.

ii. The impugned order dated 26.09.2022, passed by the

Scrutiny Committee, is quashed and set aside.

iii. The Committee shall immediately issue tribe validity

certificate to the petitioner as belonging to 'Mannervarlu'

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 certificate of validity shall be issued in the

prescribed format without incorporating other

conditions/additions.

v. The petitioner shall not be entitled to claim equities.

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

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