Siddhi Balaji Kanthewad vs The State Of Maharashtra And ...
2023 Latest Caselaw 6819 Bom

                                1                                WP 14131.21

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                     WRIT PETITION NO. 14131 OF 2021

          Sidhi d/o Balaji Kanthewad,
          Age - 21 years, Occu. - Education
          R/o Kolha, Tq. Mudkhed,
          Dist. Nanded.                                ..   Petitioner

                   Versus

 1.       The State of Maharashtra,
          Through -its secretary,
          Tribal Development Department,
          Mantralaya, Mumbai-32.

 2.       The Scheduled Tribe Certificate
          Verification Committee Aurangabad,
          Through its Member Secretary,
          Aurangabad.

 3.       The Registrar,
          College of Engineering, Pune,
          Wellesely Road, Shivaji Nagar,
          Pune-411005.

 4.       The Registrar,
          Savitribai Phule Pune University,
          Ganesh Khind Road,
          Ganesh Khind, Pune.

 5.       Commissioner & Competent Authority
          Maharashtra CET Cell, Govt. of
          Maharashtra, 8th Floor new Excelsior
          Building, A. K. Nayak Marg,
          Fort, Mumbai -001.

 6.       Indira Institute of Management (I.I.M.P.)
          85/5-B, Samanvay IT Campus,
          New Pune Mumbai Highway,




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                                     2                            WP 14131.21

          Tathawade, Pune, Maharashtra 411033
          (Through Its Registrar)             ..            Respondents

 Shri O. B. Boinwad, Advocate for the Petitioner.
 Shri S. G. Sangle, A.G.P. for the Respondent Nos. 1 and 2.

                           CORAM :    MANGESH S. PATIL AND
                                      SHAILESH P. BRAHME, JJ.
                               DATE : 11 JULY 2023.

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


 .        Heard both the sides for final disposal of the writ petition.


 2.       The petitioner is challenging the judgment and order dated
 13.11.2021 passed by the respondent No. 2/Scrutiny Committee
 invalidating the tribe claim of the petitioner as belonging to
 'Mannervarlu' (Scheduled Tribe).


 3.       The petitioner has relied upon validity certificates issued
 in favour of her father-Balaji Kanthewad, uncle - Pandharinath
 Kanthewad, cousins - Sheetal and Amit.                       The validity
 certificates, affidavits, extracts of the school records are also
 placed on record in support of her claim.


 4.       The scrutiny committee rejected her claim because the
 school record of the blood relatives of the petitioner was found to
 be incompatible with the tribe claim of the petitioner.                 There
 were contrary entries. The revenue record was not supporting
 her claim. The validity certificates were procured by suppression
 of material facts. The affinity test was also found to be against




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                                        3                               WP 14131.21

 her.


 5.       The learned Assistant Government Pleader for respondent
 Nos. 1 and 2 supports the impugned judgment and order. He
 further submits that the Scrutiny Committee has proposed to
 reopen the validity certificates relied on by the petitioner.


 6.       There are validity certificates of the blood relatives of the
 petitioner namely her father - Balaji, cousin - Sheetal and Amit
 and uncle - Pandharinath. The genealogy is produced on record
 at page No. 79 of the petition. The same is not disputed by the
 respondents. The validity certificate is issued to the father of the
 petitioner after following due procedure of law.                   The relevant
 material was taken into account.                 Unless the validity of the
 father of the petitioner is revoked or cancelled, we are bound to
 rely upon the same.


 7.       We are guided by the principles laid down by the Supreme
 Court in para Nos. 22 to 24 in the matter of                        Maharashtra
 Adavasi        Thakur         Jamat   Swarakshak     Samiti      Vs.     State      of

 Maharashtra and others reported in 2023(2) Mh.L.J. 785.


 8.       We hold that committee has committed patent illegality by
 passing        impugned         judgment   and    order.         The      same       is
 unsustainable in law. The petitioner is entitled to receive
 conditional validity.


 9.       We therefore pass following order.




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                                 4                                   WP 14131.21

                                    ORDER

A. The writ petition is partly allowed.

B. The judgment and order dated 13.11.2021 passed by the respondent No. 2/Scrutiny Committee is quashed and set aside.

C. The respondent No. 2/Scrutiny Committee shall issue validity certificate of 'Mannervarlu' (Scheduled Tribe) to the petitioner within a period of two (02) weeks from today.

D. The validity certificate issued to the petitioner shall be subject to the decision of the Committee in case of revocation or cancellation of certificates of validity holders, relied by the petitioner.

E. The petitioner shall not claim any equity in case the validity certificates of the blood relatives are revoked or cancelled.

F. The writ petition is disposed of. There shall be no order as to costs.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] bsb/July 23