Bombay High Court
Ajinkya Subhashrao Bogulwar vs The State Of Maharashtra And Others on 2 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:16825-DB
1 wp 12596.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12596 OF 2021
Ajinkya Subhashrao Bogulwar .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Sunil M. Vibhute, Advocate for the Petitioner.
Shri P. S. Patil, Addl.G.P. for the Respondent Nos. 1 and 2.
Shri B. A. Shinde, Advocate for the Respondent Nos. 3 and 4.
WITH
WRIT PETITION NO. 12592 OF 2021
Ankita Subhashrao Bogulwar .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Sunil M. Vibhute, Advocate for the Petitioner.
Shri P. S. Patil, Addl.G.P. for the Respondent Nos. 1 to 3.
WITH
WRIT PETITION NO. 12605 OF 2021
Subhash Poshatti Bogulwar .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Sunil M. Vibhute, Advocate for the Petitioner.
Shri P. S. Patil, Addl.G.P. for the Respondent Nos. 1 and 2.
Shri S. B. Pulkundwar, Advocate for the Respondent Nos. 3 & 4.
2 wp 12596.21
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 02 AUGUST 2024.
FINAL ORDER (Per Shailesh P. Brahme, J.) :-
. Heard both the sides finally considering urgency in the
matters. Petitioners caste certificates are invalidated by common
judgment and order dated 09.09.2021 by the respondent No.
2/Scrutiny Committee. Petitioners claim to be belonging to
'Mannervarlu' scheduled tribe. They are from the same family
and rely upon common record. We therefore propose to decide
these petitions together.
2. Petitioner - Ajinkya and Ankita are the siblings of third
petitioner Subhash. These petitions are clubbed by
administrative order dated 15.02.2024. They rely on validity
certificate of Gangadhar Balu Bogulwar. It revealed during
enquiry that Ganesh Gangadhar Bogulwar and Govind Balaji
Bogulwar also hold validity certificates.
3. Per contra, the learned Additional Government Pleader
submits that there are contrary entries of school record of
Nagnath of the year 1968 and Gangadhar of 1978. Gangadhar
was issued with the validity on the basis of validity certificate of
his son Ganesh. It is submitted that Ganesh obtained validity
certificate suppressing material facts. In support of submissions
learned Addl. G. P. has placed on record original papers of
Gangadhar and Ganesh.
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4. We have gone through the relevant record and submissions
of the litigating sides. The relationship of the petitioners with
validity holder Gangadhar, Govind and Ganesh is not disputed.
It reveals from record that Ganesh is the first validity holder.
Relying on his validity his father Gangadhar was issued with the
validity. There was vigilance enquiry in the matter of Ganesh.
Ganesh was issued with the validity certificate by a speaking
order of the scrutiny committee. School record of Gangadhar
indicating caste as 'Mannervarlu' was considered. In case of
Gangadhar also there was vigilance enquiry. He was also issued
with the validity certificate by a speaking order. We find that his
validity certificate was issued after following due procedure of
law and would support claim of the petitioners.
5. Though contrary entry of Nagnath and manipulation in the
school record of Gangadhar are pointed out by the learned Addl.
G. P., we cannot embark an enquiry into the validities issued to
either Gangadhar or Ganesh. The scrutiny committee is already
undertaking the exercise by reopening the validity of Gangadhar.
Till his validity certificate is recalled, we have no alternative
than to award validity certificates to the petitioners subject to
outcome of reverification, which is underway.
6. Petitioners are ready to abide by the conditions as
contemplated in the matter of Shweta Balaji Isankar Vs. The
State of Maharashtra and others judgment dated 27 July
2018 in W. P. No. 5611 of 2018. Impugned common judgment
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and order is unsustainable and, therefore, we pass following
order :
ORDER
A. The writ petitions are allowed partly.
B. The impugned common judgment and order dated
09.09.2021 passed by the respondent No. 2/Scrutiny Committee is
quashed and set aside.
C. The respondent No. 2/Scrutiny Committee shall issue
validity certificates of 'Mannervarlu' (Scheduled Tribe) to the
petitioners immediately, which shall be subject to outcome of
reverification of validity certificate of Gangadhar.
D. The petitioners shall not be entitled to claim equities.
F. The writ petitions are disposed of in above terms.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/Aug. 24
