Bombay High Court
Malikarjun Balaji Akulwad Through ... vs The State Of Maharashtra Through Its ... on 12 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:18211-DB
1 50.WP-13560-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 13560 OF 2023
Malikarjun s/o Balaji Akulwad
Age : 28 years, Occ.: Education,
R/o : Mangalsangavi, Tq. Kandhar,
Dist. Nanded.
Through Power of Attorney Holder
Balaji s/o Manikrao Akulwad,
Age : 59 years, Occ. Retired,
R/o As above. ...Petitioner
Versus
1. The State of Maharashtra,
Trough its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. Scheduled Tribe Caste Certificate Verification,
Committee, Kinwat at Aurangabad
Through its Deputy Director (Research)
Aurangabad. ...Respondents
___
Mr. Sunil M. Vibhute, Advocate for the Petitioner.
Mr. S.P. Joshi, AGP for Respondent/State.
___
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ..
DATE : 12 AUGUST 2024
FINAL ORDER [Per: Shailesh P. Brahme, J.] :
. Heard both the sides finally considering urgency expressed
by the petitioner.
2 50.WP-13560-2023.doc
2. The petitioner is taking exception to the judgment and
order dated 18.10.2023 passed by the Scrutiny Committee,
confiscating and invalidating his tribe certificate of 'Mannervarlu'
Scheduled Tribe. Petitioner seeks to rely on the validity
certificates of Rajesh and Shivkumar. Learned Counsel for the
petitioner submits that they were issued with validity certificates
after following process of law which would enure to the benefit
of the petitioner.
3. Learned AGP tenders on record original papers of validity
holder - Rajesh. He would submit that due to contrary entries
and tempering of the record, validities were discarded by the
Committee. It is further informed that the Committee has issued
show cause notices to earlier validity holders.
4. It reveals from record that there was vigilance inquiry in
the matter of Rajesh. By a reasoned order, Rajesh was issued
with validity certificate. Thereafter Shivkumar was also issued
with validity certificate. We are of the considered view that both
the validities are reliable and support the petitioner's claim.
5. Though there is incompatible school record of Vatsala and
tempering in school record of Balaji and Pandit, the petitioner
cannot be deprived of same social status. The petitioner has
tried to justify the contrary entries by placing on record reply to
the vigilance report. It is stated in it that due to the illiteracy of
3 50.WP-13560-2023.doc
the forefathers of the petitioner, wrong caste was being
mentioned. This aspect of the matter has not been dealt with by
the Committee. Therefore, we cannot go into it.
6. The Committee has issued show cause notices to the
validity holders. The petitioner is ready to run the risk as per the
judgment rendered in the matter of Shweta Balaji Isankar Vs.
the State of Maharashtra and Others, in Writ Petition
No.5611/2018. We find substance in the contention of the
petitioner. We, therefore, pass following order :
ORDER
a. The writ petition is allowed partly.
b. The judgment and order dated 18.10.2023 passed
by the Scrutiny Committee is quashed and set aside.
c. The Scrutiny Committee shall issue tribe validity
certificate of 'Mannervarlu' scheduled tribe to the
petitioner forthwith. The same shall be subject to the
outcome of re-verification proposed by the Scrutiny
Committee.
d. The petitioner shall not be entitled to claim equities.
SHAILESH P. BRAHME MANGESH S. PATIL
JUDGE JUDGE
Najeeb..
