Bombay High Court
Avanti Anil Chatarmal Minor Through ... vs The State Of Maharashtra Through Its ... on 6 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:17386-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
939 WRIT PETITION NO. 7706 OF 2024
AVANTI ANIL CHATARMAL MINOR
THROUGH ANIL MOGALAJI CHATARMAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. Jadhavar Pratap V.
AGP for Respondents : Mrs. P.J. Bharad
...
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 06 AUGUST 2024
PER COURT [Shailesh P. Brahme, J.] :
Heard finally at the admission stage considering
urgency.
2. Petitioner has challenged judgment and order dated
10.07.2024 confiscating and invalidating her tribe certificate for
scheduled tribe 'Koli Mahadev'. She relies on certificate issued to
her father - Anil and uncle - Sanjay.
3. Learned AGP supports impugned judgment and order.
She submits that school record of Lachmanna, Gangaram and
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Sunil Kumar is incompatible with the tribe claim. The Committee
noticed manipulation in the school record of Sunil Kumar. It is
further contended that certificates of validity were obtained by
suppression of facts. The Committee has issued show cause notices
to the validity holders. It is further informed that petitioner's father
is not co-operating with the Committee.
4. The relationship of petitioner with the validity holder is
undisputed. There was vigilance enquiry in the matter of uncle
Sanjay. The school record of the relatives including oldest entry of
Gangaram Lachmanna Chattarmal of the year 1951 was verified.
He was issued with validity certificate by a speaking order which is
still intact. Validity certificate of Sanjay corroborates tribe claim of
the petitioner.
5. Though contrary entries and the manipulation are
pointed out by learned AGP, we cannot independently undertake
any enquiry covering that aspect of the matter. There are already
two validities in the family of the petitioner. The Committee may
embark on reverification to find out fraud. However, unless the
validity certificates are revoked, petitioner cannot be deprived of
same social status.
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6. Learned AGP relies on the judgment of Deepak Balaji
Rodewad Versus State of Maharashtra and others, passed by this
High Court in Writ Petition No. 9274/2021. In that case, blood
relatives of that petitioner were having contrary school record
since 1951 and eleven such entries were pitted against him. The
petitioner could not offer satisfactory explanation. In such
situation, the co-ordinate bench refused to grant validity certificate
to that petitioner. The facts of the case in hand are different. The
judgment is not applicable in the present matter.
7. The petitioner undertakes to abide by the result of
reverification and ready to run the risk as per law laid down in
Shweta Balaji Isankar Versus State of Maharashtra and others,
passed by this High Court in Writ Petition No. 5611/2018. She
deserves to be issued with validity certificate, conditionally.
Hence, we pass following order :
ORDER
i. Writ Petition is allowed partly.
ii. Impugned judgment and order is quashed
ans set aside.
iii. Respondent no. 2 - Scrutiny Committee shall
issue tribe validity certificate to the petitioner
forthwith subject to outcome of reverification of
validity certificates.
iv. Petitioner's father - Anil shall co-operate
with the Scrutiny Committee for reverification.
v. Petitioner shall not claim any equity.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
Thakur-Chauhan/-
