Bombay High Court
Harshvardhan Maheshkumar Meghmale vs The State Of Maharashtra Thr Its ... on 8 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:17365-DB
1 wp 10001.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10001 OF 2023
Harshvardhan Maheshkumar Meghmale .. Petitioner
Versus
The State of Maharashtra and another .. Respondents
Shri Omgashad B. Boinwad, Advocate for the Petitioner.
Shri A. R. Kale, Addl.G.P. for the Respondent Nos. 1 and 2.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 08 AUGUST, 2024.
FINAL ORDER :
. Heard both the sides finally.
2 Petitioner is one of the claimants in whose matters the
impugned common order has been passed refusing to validate
their Koli Mahadev scheduled tribe certificates.
3. Considering the urgency, at the joint request of the parties
the matter is heard finally at the stage of admission.
4. Learned advocate for the petitioner submits that impugned
order is not sustainable in the law. Favourable record has been
conveniently ignored. Only contrary record is referred to inspite
of the fact that some favourable record is of older period.
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5. Learned advocate would further advert our attention to the
impugned order, particularly the observations and conclusions of
Committee in respect of issue No. 2 formulated by it, wherein
several validities in the family have been referred to. He would
submit that in the light of the fact that there are many validities
in the family, couple of which were issued pursuant to the orders
of this Court passed way back in the year 1993, even if the
Committee has now decided to undertake reverification for the
alleged fraud, petitioner cannot be deprived of having certificate
of validity. He is ready to run the risk of facing consequences 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.
5. Learned Assistant Government Pleader admits the fact
that as mentioned in the impugned order, the individuals were
issued certificates of validity by the order of this Court.
6. Considering the fact that the reopened matters will take
their own time in reaching to the logical end, the petitioner
cannot be made to wait and loose his career, more so when he is
ready to run the risk of facing consequences, which would indeed
be drastic.
7. In view of above state of affairs, the impugned order is
unsustainable. The petitioner deserves to be issued with the
3 wp 10001.23
validity certificate, subject to usual conditions. We, therefore,
pass following order :
ORDER
a. The writ petition is partly allowed.
b. Impugned order dated 20.07.2022 passed by the respondent
No. 2/Scrutiny Committee is quashed and set aside.
c. The respondent No. 2/Scrutiny Committee shall
immediately issue certificate of validities to the petitioner of 'Koli
Mahadev' (Scheduled Tribe) in prescribed proforma G without
incorporating any conditions.
d. Certificate of validity would be subject to the outcome of
the review petitions to be filed in the matters of Vaishali
Vaijnathrao Meghmale and Maheshkumar Vaijnathrao
Meghmale.
e. Petitioner shall not be entitled to claim equities.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/Aug. 24
