Bombay High Court
Rupesh Raju Ankushwad vs The State Of Maharashtra Through Its ... on 1 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:16936-DB
1 1002.WP-7772-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 7772 OF 2024
Rupesh s/o Raju Ankushwad,
Age 19 years, Occu. Education,
R/o : Takalgaon, Tq. Ahemadpur,
Dist. Latur. ...Petitioner
Versus
1. The State of Maharashtra,
Through Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. Scheduled Tribe Certificate
Verification Committee, Kinwat,
Headquarter at Aurangabad.
Through its Deputy Director (Research)
Dist. Aurangabad. ...Respondents
___
Mr. Sunil M. Vibhute, Advocate for the Petitioner.
Mr. P.S. Patil, Addl.GP for Respondents/State.
___
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ..
DATE : 1 AUGUST 2024
FINAL ORDER [Per: Shailesh P. Brahme, J.] :
. Heard both the sides finally considering exigency expressed
by the petitioner.
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2. The petitioner is challenging the judgment and order dated
11.07.2024 passed by the Scrutiny Committee, confiscating and
invalidating his tribe certificate of Koli Mahadev scheduled tribe.
He would rely on validity certificates of his father Raju and real
uncles Vijaykumar and Anant. As the validity certificates were
issued by following due procedure of law considering relevant
record, it is contended that he is entitled to validity on the
ground of parity.
3. Learned AGP tenders on record original file of the petitioner
and his father. He would support the impugned judgment and
order. It is contended that the Committee is justified in rejecting
the case claim considering incompatible school record of Gopal
and Bala and the manipulation in the school record of
grandfather Venkat. It is informed that show cause notices have
been issued for conducting re-verification of earlier validity
holders.
4. We have considered the rival submissions of the parties
and have also gone through relevant original record. There was
vigilance inquiry conducted in the matter of petitioner's father
Raju. A report to that effect indicates that school record of blood
relatives Rupabai, Hanumal, Anant, Vijaykumar and Venkat was
considered and it was found to be genuine. School record of
petitioner's grandfather Venkat is of 1966. He was issued with
validity certificate by a speaking order. We are of the considered
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view that validity of Raju would support the claim of the
petitioner. The Committee arbitrarily discarded the same.
5. Learned AGP vehemently demonstrates from the coloured
photocopies that school record of Venkat is manipulated one. We
are unable to offer any comment on this aspect. It would be
within jurisdiction of the Committee to conduct re-verification
which has already been proposed. The selfsame record has
already been scrutinized by the Committee in earlier occasions.
Unless the validities issued in the family of the petitioner are
recalled, petitioner cannot be deprived of the same social status.
6. Learned AGP also refers to contrary entry of Bala in the
revenue record indicating caste as 'Koli'. Petitioner had offered
explanation to the contrary entries of the relatives including Bala
that caste Koli was incorporated in the revenue record due to
illiteracy of the forefathers and negligence of the officers. It was
reiterated that despite those entries, petitioner remains a Koli
Mahadev. This explanation has not been taken into consideration
by the Committee. We are of the considered view that during the
course of re-verification, it is open for the Committee to examine
this aspect also.
7. Petitioner is ready to run the risk as per the judgment
rendered in the matter of Shweta Balaji Isankar Vs. the State of
Maharashtra and Others, in Writ Petition No.5611/2018. He is
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entitled to receive validity on conditions. We, therefore, pass
following order :
ORDER
a. The Writ Petition is allowed partly.
b. The judgment and order dated 11.07.2024 passed
by the Scrutiny Committee is quashed and set aside.
c. The Scrutiny Committee shall issue tribe validity
certificate of 'Koli Mahadev' Scheduled Tribe to the
petitioner forthwith. The same shall be subject to the
outcome of re-verification proposed by the Scrutiny
Committee.
d. The petitioner shall not be entitled to claim equities.
SHAILESH P. BRAHME MANGESH S. PATIL
JUDGE JUDGE
Najeeb..
