Bombay High Court
Sujata Raghunath Mardode vs The State Of Maharashtra And ... on 18 July, 2023
Bench: Mangesh S. Patil, Shailesh P. Brahme
2023:BHC-AUG:15207-DB
1 1052.WP-4260, 4261, 4308 & 4303-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 4260 / 2022
Sujata Raghunath Mardode,
Age 22 years, Occu. Student,
R/o. Joshi Sangavi, Tq. Loha,
Dist. Nanded. ...Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Tribal Department,
Mantralaya, Mumbai.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad.
Through its Deputy Director (R).
3. The Principal,
Agriculture College, Latur,
Tq. & Dist. Latur.
4. The Registrar,
Vasantrao Naik Marathwada Krushi Vidyapeeth,
Parbhani, Tq. & Dist. Parbhani. ...Respondents
WITH
Writ Petition No. 4261 / 2022
Pavan Sanjay Mardode,
Age 27 years, Occu.: Student,
R/o. Joshi Sangavi, Tq. Loha,
Dist. Nanded. ...Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Tribal Department,
Mantralaya, Mumbai.
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2. The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad.
Through its Deputy Director (R).
3. The Principal,
Walchand College of Engineering, Sangli,
(An Autonomous Institute)
Tq. & Dist. Sangli. ...Respondents
Writ Petition No. 4303 / 2022
Pratiksha Devidas Mardode,
Age 22 years, Occu.: Student,
R/o. Joshi Sangavi, Tq. Loha,
Dist. Nanded. ...Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Tribal Department,
Mantralaya, Mumbai.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad.
Through its Deputy Director (R).
3. The Principal,
Agriculture College, Latur,
Tq. & Dist. Latur.
4. The Registrar,
Vasantrao Naik Marathwada Krushi Vidyapeeth,
Parbhani, Tq. & Dist. Parbhani. ...Respondents
Writ Petition No. 4308 / 2022
Sujit Govindrao Mardode,
Age 31 years, Occu.: Service,
R/o. Joshi Sangavi, Tq. Loha,
Dist. Nanded. ...Petitioner
Versus
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3 1052.WP-4260, 4261, 4308 & 4303-2023.doc
1. The State of Maharashtra,
Through its Secretary,
Tribal Department,
Mantralaya, Mumbai.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad.
Through its Deputy Director (R).
3. The Deputy Director,
Health Services (Transport, Pune),
Tq. & Dist. Pune. ...Respondents
___
Mr. Pratap V. Jadhavar, Advocate for the Petitioner in all petitions.
Mr. S. G. Sangale, AGP for respondents/State in all petitions.
Mr. B. A. Shinde, Advocate for respondent no.3 and 4 in Writ Petition
Nos. 4260/2022 and 4303/2022.
___
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 18 JULY, 2023.
FINAL ORDER [PER : SHAILESH P. BRAHME, J.] :
. Heard both the sides. The matter is taken up for final disposal
with their consent.
1. All the four writ petitions are of the close relatives of each other
and the subject matter is the common judgment and order dated
02.03.2022 passed by the Scrutiny Committee invaliding their caste
claim. There is a common record in the matters. Hence petitions are
being decided by common judgment and order. For the sake of
convenience the papers of writ petition no.4260/2022 in the matter
of Sujata are referred to.
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2. The petitioners rely upon the validity certificates issued in
favour of father of each petitioner. They further rely upon extract of
the school record, genealogy, affidavit, vigilance report and reply to
the report. The petitioners submit that there is no dispute about
relationship with the validity holder. The validity certificates were
secured by following due procedure of law.
3. Per-contra learned AGP supports impugned judgment and
order. According to him, the Scrutiny Committee has arrived at
possible and reasonable conclusion based upon various entries. The
validity certificates were rightly discarded. The affinity test was
against the petitioners.
4. The learned Counsel further invites our attention to the
manipulation which is at page no.40 in respect of Manika Naruji and
the disappearance of the school record which culminated into filing
of FIR No. 78/2014.
5. We have considered the rival submissions of the parties. The
genealogy is produced on record which is at page no.39.
Interestingly every petitioner's father has been granted validity
certificate. The vigilance report and the reply to the same are on
record. The contrary entries pointed out by the learned AGP are
already considered by the Scrutiny Committee on earlier occasions.
We are of the view that the validity certificates need to be relied
upon in view of the principles laid down by the Supreme Court in the
matter of Maharashtra Adavasi Thakur Jamat Swarakshak Samiti vs.
State of Maharashtra & others reported in 2023(2) Mh.L.J.785
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6. The Scrutiny Committee has decided to reopen the matters of
the validity holders. The Scrutiny Committee can deal with the
objections pointed out by the learned AGP regarding the
manipulation in the school record of blood relative, Manika as well as
the dubiousness of the school record which is the subject matter of
FIR No.78/2014. So long as the validity certificates are not
cancelled, the petitioners cannot be deprived of the caste benefits.
7. We find that the impugned judgment and order is perverse and
discriminatory. We therefore pass following order.
ORDER
(i) The writ petition is partly allowed.
(ii) The common judgment and order dated 02.03.2022 passed by
the Scrutiny Committee is quashed and set aside.
(iii) The Scrutiny Committee shall issue tribe validity certificate of
scheduled tribe 'Mannervarlu' in favour of the petitioners within a
period of two weeks which shall be subject to following conditions.
(a) The caste validity certificate shall be subject to the outcome of
the re-verification of validity certificates of close relatives of the
petitioners.
(b) The petitioners shall not claim any equity.
(c) The petitioners shall cooperate with the Scrutiny Committee.
[SHAILESH P. BRAHME, J.] [MANGESH S. PATIL, J.]
NAJEEB/..
