Bombay High Court
Sainath Nabhaji Kondalwade vs The State Of Maharashtra And Others on 12 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:17774-DB
1 45 & 46.WP-2948-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
45 WRIT PETITION NO. 2948 OF 2020
SHRINATH NABHAJI KONDALWADE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
46 WRIT PETITION NO. 3041 OF 2020
SAINATH NABHAJI KONDALWADE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Vibhute Sunil M.
AGP for the Respondents/State : Mr. V.M. Chate
...
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 12 AUGUST 2024
PER COURT :
. The petitioners are challenging the common order, they
being siblings, passed by the respondent no.2/Committee, refusing to
validate their Koli Mahadev schedule tribe certificates.
2. We have heard both the sides finally.
3. Learned advocate for the petitioners submits that the father
of the petitioners was issued with certificate of validity by following
due process of law. A vigilance inquiry was conducted and he was
2 45 & 46.WP-2948-2020.doc
issued with certificate of validity relying upon school record of
petitioner's grandfather of the year 1951 and his own school record
of 1971. He submits that though the Committee on re-verification in
the petitioners' matters, has now reached a conclusion about their
being some manipulation and forgery and has decided to undertake
re-scrutiny of father's validity on the ground of fraud, till the time,
his certificate of validity is not confiscated and cancelled, the
petitioners cannot be denied the benefit to have a similar validity.
They are ready to run the risk of facing the consequences
contemplated in Shweta Balaji Isankar Vs. the State of Maharashtra
and Others, in Writ Petition No.5611/2018.
4. Learned AGP would submit that the Committee on a fresh
vigilance inquiry has precisely found out the manipulations and
forgery of the school record duly certified by the headmaster. The
Committee has reasons to undertake a fresh scrutiny of father's
validity and has decided to issue him notice. Learned AGP would
thus submit that since fraud vitiates every solemn act, the petitioners
are not entitled to derive the benefit of father's validity obtained in
such a fraudulent manner. She would also refer to the decision in the
matter of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs.
State of Maharashtra and Ors., 2023 SCC Online SC 326.
5. We have considered the rival submissions and perused the
original files of the petitioners as well as of their father.
3 45 & 46.WP-2948-2020.doc
6. As can be seen from original order passed in father's matter,
the vigilance officer who had conducted inquiry, was satisfied with
the school record of the petitioner's father and the grandfather. Even
the present Committee in the order under challenge has alleged
about he having perpetrated fraud. Fraud is a serious matter and
will have to be determined by undertaking a thorough inquiry.
Petitioners' father is not a party before us, we do not intend to make
any comment on the circumstance pitted against him and relied upon
by the Committee for justifying its inference regarding he having
practiced fraud.
7. We are also aware about the parameters laid down by the
Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti (supra) ,
paragraph no.22 in respect of the claims of the blood relatives which
are dependent upon the earlier validities.
8. The petitioner's father was granted certificate of validity by
following due process of law. The vigilance inquiry was conducted
and its original report is available in father's file. Even if the then
vigilance officer's integrity has been doubted in the impugned
judgment, that has no bearing on the petitioners' claims.
9. Pertinently, the research officers in the vigilance report
submitted in father's matter, had expressly certified about the
petitioner's father having succeeded in the affinity test.
4 45 & 46.WP-2948-2020.doc
10. In the light of above, till the time the Committee is able to
recall the certificate of validity of petitioner's father, they cannot be
made to wait.
11. The writ petitions are allowed partly. The impugned order is
quashed and set aside.
12. The Scrutiny Committee shall immediately issue tribe
validity certificates to the petitioners as belonging to 'Koli Mahadev'
scheduled tribe. The validities shall be subject to the final outcome
of the matters which the Committee has decided to re-open.
13. The petitioners shall not be entitled to claim equities.
[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.]
Najeeb..
