Bombay High Court
Pranita Digambar Mekhale vs The State Of Maharashtra Through ... on 6 September, 2023
Bench: Mangesh S. Patil, Shailesh P. Brahme
2023:BHC-AUG:19463-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12088 OF 2019
Pranita D/o Digambar Mekhale,
Age : 19 years, Occu. : Education,
R/o Hirapur, Tq. Georai,
Dist. Beed. .. Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai.
2. The Scheduled Tribe Caste Certificate
Verification Committee, Aurangabad,
Through its Member Secretary,
Aurangabad.
3. The Principal,
Government Nursing College,
Civil Hospital Beed,
Tq. and Dist. Beed. .. Respondents
WITH
WRIT PETITION NO. 12097 OF 2019
Pratiksha D/o Digambar Mekhale,
Age : 24 years, Occu. : Education,
R/o Hirapur, Tq. Georai,
Dist. Beed. .. Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai.
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2. The Scheduled Tribe Caste Certificate
Verification Committee, Aurangabad,
Through its Member Secretary,
Aurangabad.
3. The Principal,
Ramakrishna Diploma College of
Livestock Management &
Diary Production, Moewadi,
Tq. Ambajogai, Dist. Beed. .. Respondents
Shri S M. Vibhute, Advocates for the Petitioners in both matters.
Shri A. S. Shinde, A.G.P. for the Respondents/State in both
matters.
Shri L. H. Kawale, Advocate h/f Shri K. J. Suryawanshi,
Advocate for the Respondent No. 3 in W. P. No. 12097 of 2019.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 06 SEPTEMBER 2023.
FINAL ORDER (Per Shailesh P. Brahme, J. ) :-
. Heard both the sides finally at the admission stage.
2. The learned counsel for the petitioner has prayed for
calling for the papers of Writ Petition No. 12097 of 2019, which is
also emanating from common judgment and order which is under
challenge. Therefore, both the petitions are considered for final
disposal.
3. The petitioners are the siblings of Digambar Ganpat
Mekhale. They were issued with validity certificate of 'Koli
Mahadev' (Scheduled Tribe). The proposals of the petitioners
were forwarded for verification to the Scrutiny Committee. The
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scrutiny committee invalidated the tribe certificates and
confiscated the same by common judgment and order dated
14.08.2019.
4. The petitioners rely upon the validity certificate issued to
their father and the judgment and order dated 31.08.2023 passed
by this Court in the matter of their real brother Shubham.
5. The learned Assistant Government Pleader supports the
impugned judgment and order. He has pointed out the contrary
entries recorded in the school record of the relatives of the
petitioners and manipulation revealed in the school record of few
of them. He would submit that the validity certificate of the
father is not reliable one and no case is made out to interfere
with the findings recorded by the scrutiny committee.
6. There is no dispute that petitioners' father was issued with
the validity certificate after conducting the vigilance enquiry. He
was issued with the validity certificate taking into account the
self same record. His validity certificate is issued in accordance
with law. We hold that the scrutiny committee committed
perversity in discarding his validity certificate.
7. The learned counsel for the petitioners has placed on
record a copy of order dated 31 August, 2023 passed by this
Court in the matter of Shubham Digambar Mekhale Vs. The
State of Maharashtra and others in Writ Petition No. 10855 of
2023. Shubham is the real brother of the petitioners. We have
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directed the scrutiny committee to issue validity certificate to
Shubham after considering the self same record on certain
conditions. We do not find any other circumstance to take
contrary view and deviate from the course which was followed in
the case of Shubham.
8. The learned A. G. P. has pointed out that the record of
1356 Fasli (1947 A.D.) of Laxman Gangaram Mekhale cannot be
relied upon because that was a record of Udgir Court which is
found to be forged after conducting due enquiry. We accept the
submission of the learned A. G. P. and we propose to ignore the
old record. The said factual situation is not pointed out when
order in the matter of Shubham was passed. However, even if
the old record of Laxman is ignored that does not change the
complexion of the matter.
9. The scrutiny committee has proposed reverification of the
validity certificate of the father of the petitioners. The
petitioners cannot be deprived of the benefits of the same social
status unless the validity certificate of the father is revoked.
10. We find that impugned judgment and order is
unsustainable. We propose to pass following order.
ORDER
A. The writ petitions are partly allowed.
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B. The impugned judgment and order dated 14.08.2019
passed by the respondent No. 2/Scrutiny Committee is
quashed and set aside.
C. The respondent No. 2/Scrutiny Committee shall issue tribe
validity certificates to the petitioners as belonging to
'Koli Mahadev' (Scheduled Tribe) forth with.
D. The validity certificates shall be subject to the outcome of
the reverification undertaken by the Scrutiny Committee of
the validity certificates relied by the petitioners.
E. The petitioners shall not claim any equities.
F. The writ petitions are disposed of. There shall be no order
as to costs.
[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.]
bsb/Sept. 23
