Bombay High Court
Sandesh Sudhakar Garud Through His ... vs Scheduled Tribe Certificate Scrutiny ... on 8 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:17583-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
987 WRIT PETITION NO. 7978 OF 2024
SANDESH SUDHAKAR GARUD THROUGH HIS NATURAL
GUARDIAN FATHER SUDHAKAR NILOBA GARUD AND
ANOTHER
VERSUS
SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE
THROUGH ITS MEMBER SECRETARY
...
Advocate for Petitioners : Mr. Phatale Sagar S.
AGP for Respondent : Mr. V.M. Chate
...
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 08 AUGUST 2024
PER COURT :
Heard both the sides finally.
2. Though the learned Advocate for the petitioner as also
the learned AGP vest into several arguments, apparently, there are
more than ten validities in the family. Oldest one was issued to
Nivrutti Tukaram Garud by order of this Court in Writ Petition No.
502/1994 dated 01 March 1994. Subsequently, other blood
relatives could obtain the validity certificates. Incidentally, even
petitioner's real sister Sayali has also been granted validity albeit,
conditionally. Though there is no reference in the impugned
judgment and order regarding validity issued to Nivrutti, in the
matter of petitioner's first degree cousin Makarand in Writ Petition
No. 13118 of 2021 dated 10 November 2021, reference has been
made to the validity possessed by Nivrutti and its benefit extended
to one Mukund Madhukar Garud who is non other than
Makarand's real brother.
3. Pertinently, in the reply filed by the petitioner to the
vigilance report, he had expressly mentioned about the validity
issued to Nivrutti by giving details. It was imperative for the
Committee to have objectively considered such a stand of the
petitioner of even referring to the validity of Nivrutti.
4. We are precisely pointing out these facts and
circumstances because the impugned order does not seek to take
any exception to the validity possessed by Nivrutti. In the matter of
Makarand and few other relations, this Court had directed
certificates of validity to be issued to respective petitioners related
to the present petitioner by blood, making those validities
vulnerable on the decision to be taken by the Committee in respect
of the matters of the validity holders which it had decided to
reopen. Once having seen that Nivrutti's validity still holds the
field, we feel it appropriate that the petitioner gets a clear validity.
Any subsequent invalidation, may be on the ground of alleged
fraud, would be inconsequential so long as Nivrutti's validity
remains valid. To repeat, the Committee is not taking any
exception to Nivrutti's validity.
5. The writ petition is allowed. Impugned order is
quashed and set aside. The petitioner shall be issued with validity
certificate of 'Thakur' scheduled tribe.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
Thakur-Chauhan/-
