Bombay High Court
Ravindra Dilip Kamble vs The State Of Maharashtra Through ... on 6 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:17335-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
935 WRIT PETITION NO. 5897 OF 2024
RAVINDRA DILIP KAMBLE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. Choudhari Deepak D.
AGP for Respondent Nos. 1 & 2 : Mrs. P.J. Bharad
...
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 06 AUGUST 2024
PER COURT [Shailesh P. Brahme, J.] :
This petition is being decided finally at the admission
stage, considering urgency in the matter.
2. The petitioner is challenging the judgment and order
date 15 January 2024 passed by Scrutiny Committee confiscating
and invalidating his tribe certificate of 'Koli Mahadev'. He would
rely upon validity upon validity certificates issued to his first
degree cousin Nikhil and cousin aunts Sangita and Sunita.
3. Learned counsel for the petitioner submits that Sunita
is the first validity holder who was issued with validity certificate
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after following due procedure of law. Sangita and Nikhil were also
issued with validity certificates after following due procedure of
law. These validity certificates would enure to the benefit of the
petitioner.
4. Learned AGP tenders on record original papers of
Sunita. She would support impugned judgment and order. It is
submitted that there are contrary entries of close relatives of the
petitioner namely, Dilip Baburao Kamble, Chandrakant Baburao
Kamble, Babanrao Bhagaji Kamble and Bhagaji Babaji Kamble.
According to her, the Scrutiny Committee is justified in rejecting
caste claim as the validity certificates were obtained by
suppressing material facts. She would also pray to remand his
matter to the Scrutiny Committee.
5. We have considered rival submissions of the parties.
We have perused the genealogy produced by the petitioner on
record. It reveals that cousin aunt of the petitioner Sunita is the
first validity holder. In her case, vigilance enquiry was conducted
and even contrary record of Babanrao Bhaguji Kamble was also
taken into account. It is mentioned in the report that Sunita
withstood the affinity test. Thereafter by speaking order the
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Scrutiny Committee issued her validity certificate. Such validity
certificate, according to us, was issued in accordance with law.
Similarly, another cousin aunt Sangita was issued with validity
certificate by speaking order. First degree cousin of the petitioner
Nikhil was issued validity certificate by speaking order considering
the vigilance report.
6. We are of the considered view that when self same
record has already been scrutinized, validity certificates which
were issued in accordance with law would enure to the benefit of
the petitioner.
7. While discarding validity certificate of Nikhil, it has
been observed by the Scrutiny Committee that vigilance enquiry
was not conducted in his matter. However, this finding is factually
incorrect which amounts to perversity.
8. It is informed by learned AGP that Scrutiny Committee
has issued show cause notices to the validity holders. The
petitioner is ready to run risk as contemplated by Shweta Balaji
Isankar Versus State of Maharashtra, passed by this High Court in
Writ Petition No. 5611/2018. Unless and until the validity
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certificates issued earlier are revoked, the petitioner cannot be
deprived of the same social status. In that view of the matter, we
do not approve the submission of learned AGP for remanding the
matter for deciding afresh to the Scrutiny Committee.
9. The impugned judgment and order is liable to be
quashed and set aside. We, therefore, pass following order :
ORDER
i. The impugned judgment and order is
quashed and set aside.
ii. The respondent no. 2 - Scrutiny Committee
shall issue tribe validity certificate to the petitioner
which shall be subject to outcome of reverification
proposed by the Scrutiny Community.
iii. Petitioner shall not claim any equity.
iv. Writ Petition is allowed partly.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
Thakur-Chauhan/-
