Bombay High Court
Harshwardhan Sunil Yeshwante vs The State Of Maharashtra Through Its ... on 8 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:17695-DB
1 wp 7776.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7776 OF 2024
Harshwardhan Sunil Yeshwante .. Petitioner
Versus
The State of Maharashtra and another .. Respondents
Shri Vivekanand U. Jadhav, Advocate for the Petitioner.
Shri R. K. Ingole Patil, A.G.P. for the Respondent Nos. 1 and 2.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 08 AUGUST, 2024.
FINAL ORDER (Per Shailesh P. Brahme, J.) :-
. We have taken up the matter for final disposal as petitioner
is in need of validity certificate for further education. Heard both
the sides.
2 Petitioner is challenging judgment and order dated
12.07.2024 passed by the respondent No. 2/Scrutiny Committee
confiscating and invalidating his tribe certificate of 'Koli
Mahadev' Scheduled Tribe. Learned counsel for the petitioner
submits that his father is the validity holder. After following due
procedure of law he was given validity certificate. In his matter
reliance was placed on validity certificate of Balasaheb.
Impugned judgment does not refer to validity certificate of
Balasaheb, which is still intact.
2 wp 7776.24
3. Learned Assistant Government Pleader repels the
submission of the petitioner on the ground that validity
certificate of father was rightly discarded by the Committee due
to suppression of incompatible school record of Rama Yashwante
and Bhimabai. He would point out manipulation of record of
Tatya and Sopan. To support the submissions learned A.G.P.
tenders on record original papers of petitioner's father Sunil.
4. We have considered rival submissions of the parties. We
have also gone through the relevant papers from Sunil's file.
Sunil was issued with the validity certificate considering
vigilance report of Balasaheb Trimbak Yashwante. By a
reasoned order Sunil was issued with the validity certificate
relying on validity of Balasaheb. Report of vigilance enquiry in
case of Balasaheb was referred to in Sunil's matter. We have
confirmed this position from the original papers of Sunil. It is
also noticed that Sunil was issued with the validity certificate by
a speaking order. Though the Committee has issued show cause
notice to him, validity of Balasaheb is still intact. The petitioner
cannot be denied validity unless earlier validities are revoked.
5. The learned A. G. P. has invited our attention to contrary
entries and especially that of Tatya Dadarao Koli of the year
1956. The committee has to undertake reverification, if it is of
the opinion that there is fraud. We cannot re-appreciate the
incompatible school record at this juncture.
3 wp 7776.24
6. The petitioner 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. He is
entitled to receive validity certificate on certain conditions. We,
therefore, pass following order :
ORDER
a. The writ petition is partly allowed.
b. Impugned order dated 12.07.2024 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 validity 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
reverification undertaken by the Committee of the validity
holder.
e. Petitioner shall not be entitled to claim equities.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/Aug. 24
