Bombay High Court
The Organization For Rights Of The ... vs The State Of Maharashtra Through ... on 13 September, 2023
Bench: Mangesh S. Patil, Shailesh P. Brahme
1 wp 11515.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11515 OF 2023
The Organization for Rights of the
Tribals Through its President
Walu Rawji Bhangre .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Shrinivas T. Solanke, Advocate for the Petitioner.
Shri D. R. Kale, Incharge G.P. for the Respondent Nos. 1 to 4.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 13 SEPTEMBER 2023.
ORDER :
. Heard the learned advocate for the petitioner as also the
learned incharge Govt. Pleader.
2. Following prayer is made by the petitioner.
"B. By issuing appropriate writ or order and directions,
the respondents kindly be directed to decide the pending
claim of the candidates to whom the conditional validity has
been issued in view of the judgment and order passed by
this Hon'ble Court as well as seeking directions the
committee to initiate the actions against the relatives of
those candidates who has obtained the validity certificate by
playing fraud and submitting the false and bogus documents
and for that purpose necessary directions be issued."
2 wp 11515.23
3. The learned advocate for the petitioner submits that the
petitioner is an organization fighting for the rights of the tribal.
Experience has shown that several fake claims are being put up
just to derive benefit of reservation policy. At some point of time
claims are validated. Based on those validities blood relations
seek validity and this Court has been granting certificates of
validities subject to the matters to be taken to the logical end in
respect of the validity holders which according to it had obtained
the certificates of validity by resorting to fraud.
4. The grievance is that inspite of such decisions of the
scrutiny committees constituted under the Maharashtra
Scheduled Castes, Scheduled Tribes, De-Notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward Classes and
Special Backward Category (Regulation of Issuance and
Verification of) Caste Certificate Act, 2000, those reopened
matters remain pending and this ends up in vicious circle,
wherein next generations and other blood relations start
claiming certificates of validities and the Courts are granting
them conditional validities. To abate vicious circle, the petitioner
organization is seeking aforementioned relief.
5. We have no reason to doubt the petitioner's bona fides,
however, according to us the petitioner is espousing the public
cause. Even if the prayer looks at the first instance to be
innocuous, it would have other aspects to be born in mind i. e.
number of committees, claims pending with the committees,
3 wp 11515.23
their disposal ratio, infrastructural facilities, man-management
and manpower, all these will have to be looked into which cannot
happen in this petition.
6. It would be appropriate that the petitioner is directed to
convert this petition as a public interest litigation, so that all the
aforementioned aspects can be gone into, considered and some
directions can be issued.
7. Sensing this, the learned advocate for the petitioner seeks
leave to convert this petition into public interest litigation.
Leave is granted.
8. Necessary amendment to be carried out and the matter be
placed before the appropriate Court.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/Sept. 23
