Madhavi Ramrao Thakur vs The State Of Maharashtra And ...
2023 Latest Caselaw 6363 Bom

                                                                          WP326.2019


          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                       WRIT PETITION NO. 326 OF 2019


                     MADHAVI RAMNATHRAO THAKUR

                                    VERSUS

             THE STATE OF MAHARASTHRA AND OTHERS


              Advocate for Petitioner : Mr. Sushant C. Yeramwar
              AGP for Respondent Nos. 1 & 2 : Mr. P.S. Patil

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

DATE : 05 JULY 2023

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

1. Heard learned counsel for the parties. With their consent

the matter is taken up for final hearing.

2. The petitioner is assailing judgment and order dated 24

September 2018, passed by respondent no. 2 - Scrutiny Committee,

invalidating her claim for scheduled tribe 'Thakur'.

3. The petitioner has placed reliance upon the tribe validity

certificates issued in favour of her real brother Rahul and father

WP326.2019

Ramrao Vitthalrao Thakur. Besides that reliance is placed upon school

record of herself, her brother, father, affidavits of the relatives, etc.

4. The Scrutiny Committee decided against the petitioner

because the school record, the revenue record and the place of

residence were found to be incompatible with the claim. There are

contrary entries disclosed in the school and revenue record showing

'Thakur' as a tribe. The report of the vigilance enquiry was recorded

against the petitioner. The revenue record was also not supportive. The

material produced on record disclosed tribe 'Thakur' which was in fact

not a scheduled tribe. The evidence on record was found to be not

reliable. The validity certificate of brother and father were found to

have acquired by suppressing material facts and without following due

procedure of law. The affinity test was also recorded against the

petitioner.

5. Learned counsel for petitioner heavily relies upon the

validity certificates issued in favour of her brother and father. Unless

and until the matters of validity holders are reopened and certificates

are cancelled, there is no reason to deprive the petitioner from the caste

benefit. Learned counsel relies upon the law laid down by the Supreme

WP326.2019

Court in the matter of Maharashtra Adiwasi Thakur Jamat

Swarakshan Samiti Versus State of Maharashtra and Others, 2023

SCC Online SC 326.

6. On the other hand, learned AGP submits that the reasons

recorded by the Scrutiny Committee are based upon material on

record. Due opportunity was given by the Scrutiny Committee. The

school record shows that tribe 'Thakur' is not a scheduled caste. The

validity certificates were procured by misleading the Committee.

7. After considering the rival submissions of the parties, we

find glaring material in favour of the petitioner in the form of validity

certificates issued in favour of father and brother of the petitioner. Her

father was given validity certificate pursuant to the judgment and order

passed by Division Bench in the matters of Writ Petition Nos. 4746 of

1998, 5454 of 1998 and 856 of 1998. Her brother was also given

validity certificate. The material which was considered by the

Scrutiny Committee in the present matter was also before the Scrutiny

Committee while considering the claims of father and brother. On the

ground of parity, we feel it appropriate to rely upon the validity

certificates.

WP326.2019

8. A useful reference can be made to the principles laid

down in paragraph No. 22 to 24 by Supreme Court in case of

Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti (supra).

9. We find that thef Scrutiny Committee had issued validity

certificate in favour of father and brother of the petitioner after

following due procedure of law. The learned AGP did not point out any

material circumstance to take contrary view.

10. The Scrutiny Committee committed patent illegality in

discarding the validity certificates of father and brother. The approach

of the Scrutiny Committee is discriminatory and perverse in rejecting

the claim of the petitioner.

11. Learned AGP on being questioned informs that the

Scrutiny Committee has not taken any steps to reopen the matters of

validity holders. Under these facts and circumstances, we deem it

appropriate to allow this petition in following terms :

                  i.       Writ Petition is allowed partly


                  ii.      The judgment and order dated 24 September







                                                                              WP326.2019

2018, passed by Scrutiny Committee is quash and set

aside.

iii. The Scrutiny Committee shall issue validity

certificate of scheduled tribe 'Thakur' in favour of

the petitioner within a period of two weeks from

today.

                  iv.      There shall be no order as to costs.




 ( SHAILESH P. BRAHME, J. )                       ( MANGESH S. PATIL, J. )



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