Bombay High Court
Rutuja Gajanan Devkate And Another vs The State Of Maharashtra Through Its ... on 12 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:18055-DB
1 55.WP-7907-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 7907 OF 2024
1. Rutuja d/o Gajanan Devkate
Age : 18 years, Occ.: Student,
2. Shubham s/o Bhagwan Devkate
Age : 21 years, Occ.: Student,
Both are R/o : Jijamatanagar, Hingoli,
Dist. Hingoli. ...Petitioners
Versus
1. The State of Maharashtra,
Trough its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. Scheduled Tribe Certificate Verification,
Committee, Kinwat,
Headquarter at Aurangabad
Through its Member Secretary ...Respondents
___
Mr. Boinwad Omgashad B., Advocate for the Petitioners.
Mrs. S.S. 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 in the
matter.
2 55.WP-7907-2024.doc
2. Petitioners are cousins, whose tribe certificates of Koli
Mahadev schedule tribe, have been confiscated and invalidated
by the Scrutiny Committee vide its judgment and order dated
16.07.2024. They seek to rely on the validity certificates of
cousins Aditya, Piyush and Ramprasad. The old record of
Ramprasad, Shaligram and Sakhubai supports their claim.
3. Learned AGP supports impugned judgment and order. He
would submit that the Committee is justified in rejecting the
tribe claim because validity certificates were not issued in
accordance with law. He would point out incompatible school
record of Shaligram Sakharam. It is further contended that the
school record of aunt of the petitioner - Sakhubai, is found to
have been tampered.
4. We have considered the rival submissions of the parties. It
reveals from the record that Ramprasad is the first validity
holder. There was vigilance inquiry conducted in his matter. His
old record and that of, Shaligram and Sakhubai was verified. His
validity certificate was issued with after following due process of
law. Piyush and Aditya were issued with validity certificates by
common order dated 30.10.2023 passed by the coordinate
bench in Writ Petition No.13118/2023. We are of the considered
view that the petitioners are entitled to receive validity
certificates.
5. The petitioners are ready to run the risk as per the
3 55.WP-7907-2024.doc
judgment rendered in the matter of Shweta Balaji Isankar Vs.
the State of Maharashtra and Others, in Writ Petition
No.5611/2018. We find that impugned judgment and order is
unsustainable. We, therefore, pass following order :
ORDER
a. The writ petition is allowed partly.
b. The judgment and order dated 16.07.2024 passed
by the Scrutiny Committee is quashed and set aside.
c. The Scrutiny Committee shall issue tribe validity
certificate of 'Koli Mahadev-29' scheduled tribe to the
petitioners forthwith. The same shall be subject to the
outcome of re-verification proposed by the Scrutiny
Committee.
d. The petitioners shall not be entitled to claim equities.
SHAILESH P. BRAHME MANGESH S. PATIL
JUDGE JUDGE
Najeeb..
