Bombay High Court
Kavita Bhagwan Wagh vs The State Of Maharashtra Through ... on 19 October, 2023
Bench: Mangesh S. Patil, Shailesh P. Brahme
2023:BHC-AUG:22634-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3041 OF 2023
Kavita d/o Bhagwan Wagh,
Age-35 years, Occu. : Housewife,
R/o Plot No. 7, Indira Housing
Society, Deopur, Dhule,
Tq. & Dist. Dhule. .. Petitioner
Versus
1. The State of Maharashtra,
Department of Tribal Development,
Mantralaya, Mumbai- 32.
Through its Secretary.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Dhule
Division, Dhule,
through its Member Secretary. .. Respondents
Shri S. C. Yeramwar, Advocate for the Petitioner.
Shri S. B. Yawalkar, Addl.G.P. for the Respondent Nos. 1 and 2.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 19 OCTOBER 2023.
FINAL ORDER (Per Shailesh P. Brahme, J.) :-
. Heard learned counsel for both sides finally at the
admission stage.
2. The petitioner is challenging the judgment and order dated
22.12.2022 passed by the respondent No. 2/Scrutiny Committee
thereby invalidating her tribe claim of 'Thakur' (Scheduled
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Tribe) and confiscating the tribe certificate.
3. The petitioner seeks to rely on the validity certificates of
Saniket Sambhaji Wagh, Rutuja Deepak Wagh, Kunal Bhagwan
Whag, etc. The learned counsel for the petitioner submits that
Saniket and Rutuja were issued with the validity certificates in
pursuance of the orders passed by this Court in different
proceedings. He would submit that when self same record is
already scrutinized, it is an error of jurisdiction to reject her
caste claim.
4. Per contra, the learned Additional Government Pleader
supports the impugned judgment and order. He would submit
that the Scrutiny Committee has rightly considered the old
entries and entertained doubt about the social status of the
petitioner. The observations of the Committee in respect of area
restriction and the affinity test are legal and proper. The
validity certificates are rightly discarded by the Committee.
There is no error apparent on the face of the record or any
perversity in the impugned judgment and order.
5. We have considered the submissions of the rival parties.
We have gone through the genealogy produced by the petitioner
showing her relationship with the validity holders Rutuja
Deepak, Kunal Bhagwan and Saniket Sambhaji. The petitioner
places reliance upon the old record of Dangal Uttam Thakur,
Rajaram Dangal Wagh, Chandrakala Dangal Wagh, etc. to
support her claim. The record of Dangal Uttam Thakur is of
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1934 having great probative value. The self same record was
already considered on the previous occasion while issuing
validity certificates to the relatives stated above. We find that
the petitioner has made out case for issuing validity certificate.
6. There is no dispute that Saniket and Rutuja were issued
with the validity certificates in pursuance of orders passed by the
High Court on different occasions. We have every reason to
believe that the validity certificates are secured by following due
procedure of law. On the ground of parity, the petitioner is
entitled to the validity certificate.
7. In the matter of Rutuja Deepak Wagh Vs. The State of
Maharashtra and another in Writ Petition No. 11750 of 2023, by
our order dated 20.09.2023, Committee was directed to issue
validity certificate to her without incorporating any condition. In
the case of Saniket Sambhaji Wagh, while directing to issue
validity certificate no condition was incorporated. We propose to
follow the same course.
8. We find that the judgment and order impugned is
unsustainable. We therefore pass following order.
ORDER
A. The writ petition is allowed.
B. The impugned judgment and order dated 22.12.2022
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passed by the respondent No. 2/Scrutiny Committee is quashed
and set aside.
C. The respondent No. 2/Scrutiny Committee shall
immediately issue certificate of validity to the petitioner of
'Thakur' (Scheduled Tribe).
D. The writ petition is disposed of.
[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.]
bsb/Oct. 23
