Bombay High Court
Nitin Vitthalrao Pawar And Another vs The State Of Mahrashtra And Others on 2 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:16823-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11796 OF 2019
Nitin Vitthalrao Pawar and another .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Shri S. M. Kulkarni, Advocate h/f Shri O. B. Boinwad, Advocate
for the Petitioners.
Shri P. S. Patil, Addl.G.P. for the Respondent Nos. 1 and 2.
Shri Sujit Joshi, Advocate for the Respondent No. 3.
Shri S. B. Kakde, Advocate for the Respondent No. 4.
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 as the petitioners aspire to
prosecute further studies through the caste benefit.
2. This petition is directed against judgment and order dated
01.08.2019 passed by the Scrutiny Committee confiscating and
invalidating tribe certificates of the petitioners as belonging to
'Koli Mahadev' scheduled tribe. They rely on validity certificate
of their father Vitthal. It is submitted that though validity
certificate of father was issued in accordance with law, the
committee has discarded it arbitrarily.
3. The learned Additional Government Pleader supports
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impugned judgment by tendering on record original file of
petitioners' father Vitthal. Learned Addl. G. P. submits that
school record of aunt - Shanta and father - Vitthal of the
petitioners is not compatible with the caste claim. He would
submit that school record of Achyut was not duly verified. It is
submitted that validity of Vitthal was obtained by fraud. The
Committee has issued show cause notice to Vitthal, but he is not
responding.
4. We have considered rival submissions of the parties. We
find that there was vigilance enquiry in the matter of Vitthal,
father of the petitioners. His vigilance enquiry report indicate
that school record of Achyut, Sharad, Ashamati, Sindhu,
Indumati and Paraji was verified. Achyut is uncle of the
petitioners. His school record of 1960 is indicating caste as Koli
Mahadev. From original file, it reveals that Vitthal was issued
with the validity certificate by following due procedure of law.
For present, his validity certificate is reliable and it would enure
to the benefit of the petitioners.
5. It is submitted by the learned Addl. G. P. that no
independent vigilance enquiry was conducted in the matter of
petitioners, but vigilance report in case of Paraji was adopted and
petitioners replied the report. A strong objection is being raised
to the school entry of Achyut Baburao Pawar of 1960. It was
reported during the vigilance enquiry that school record of
Achyut was not available. Without verifying the record, Vitthal
was granted validity which is rightly discarded by the
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Committee.
6. The Committee should have directed independent enquiry
in the present matter. The Committee could have called upon
concerned head master of the school or Achyut for verifing
genuineness of the school record. The petitioner was not given an
opportunity to deal with school record of Achyut. The
Committee directly recorded a finding castigating that school
record was not existed. This approach is against the principles of
natural justice.
7. The Committee has already issued show cause notice to the
petitioners' father. Whether there is sufficient record available
for issuing validity certificate to father cannot be the scope of
enquiry in the petitioners' matter. Unless the validity certificate
of Vitthal is revoked petitioners cannot be deprived of its benefit.
8. Petitioners are ready to run the risk 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. The learned Addl. G. P. has made a
grievance that the petitioners' father is not cooperating with the
enquiry of reverification. Considering this aspect of the matter,
ends of justice would be met if we impose certain conditions while
granting validity to the petitioners. We, therefore, pass following
order :
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ORDER
A. The writ petition is allowed partly.
B. The impugned judgment and order dated 01.08.2019
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 'Koli Mahadev' (Scheduled Tribe) to the
petitioners immediately, which shall be co-terminus with the
outcome of reverification of validity of the petitioners' father
Vitthal.
D. Petitioners' father Vitthal shall cooperate with the
Committee in reverification and shall remain present before the
Committee on 29.08.2024.
E. The petitioners shall not be entitled to claim equities.
F. The writ petition is disposed of.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/Aug. 24
