Bombay High Court
Shreyash Narayan Mandale vs The State Of Maharashtra Through Its ... on 12 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:18054-DB
1 57.WP-8333-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 8333 OF 2024
Shreyash s/o Narayan Mandale
R/o : Karkheli, Tq. Dharmabad
Dist. Nanded. ...Petitioner
Versus
1. The State of Maharashtra,
Trough its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. Scheduled Tribe Certificate Verification,
Committee, Kinwat,
Headquarter Chhatrapati Sambhajinagar,
Through its Deputy Director (Research)
and Member Secretary,
Near CIDCO Bus Stand, Chhatrapati Sambhajinagar,
Dist.Chhatrapati Sambhajinagar, ...Respondents
___
Mr. Chandrakant R. Thorat, Advocate for the Petitioner.
Mr. S.R. Yadav Lonikar, 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.
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2. This petition is directed against the judgment and order
dated 18.07.2024 passed by the Scrutiny Committee,
confiscating and invalidating the petitioner's tribe certificate of
'Mannervarlu' Scheduled Tribe. Petitioner seeks to rely on the
validity certificates of his father Narayan, cousin uncle - Govind
and cousin Shravani. It is submitted that Shravani was issued
with validity certificate by the High Court in Writ Petition
No.9204/2023.
3. Learned AGP supports the impugned judgment and order.
He would submit that the genealogy produced by the petitioner
showing relationship with Govind or Shravani is disputed. He
would submit that the school record of Gangadhar and Nagmani
was found to be incompatible. He would further submit that the
Committee has rightly rejected the caste claim and there is no
substance in the petition. The Committee has issued show
caused notices to earlier validity holders and they are not
cooperating.
4. The Scrutiny Committee did not express any suspicion
about relationship of petitioner with the validity holders. The
validity certificates were discarded because of suppression of
material facts and Ramesh on whose validity, petitioner's father
was banking on, was found to be not in relation. In case of
Govind, he was found to have been issued validity certificate by
the Committee comprising of Mr. V.S. Patil. Learned AGP is for
the first time raising objection to the relationship of the
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petitioner with the validity holders which cannot be
countenanced. The Committee did not suspect the relationship.
5. In case of petitioner's father, there was vigilance inquiry
and he was found to have with stood the affinity test. By a
reasoned order, he was issued with validity certificate. Another
validity holder Shravani was issued with validity certificate by
orders of the High Court passed on 31.07.2023 in Writ Petition
No.9204/2023. Both the validity holders were issued validities
by following due procedure of law. There is no reason to discard
the validities.
6. We have already assigned reasons in the matter of
Shravani for holding the caste status by examining the selfsame
record. We adopt same reasoning and course to issue validity
certificate to the petitioner. 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 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 18.07.2024 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
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outcome of re-verification proposed by the Scrutiny
Committee.
d. The petitioner shall not be entitled to claim equities.
e. Petitioner's father - Narayan shall cooperate with the
Committee for the re-verification.
SHAILESH P. BRAHME MANGESH S. PATIL
JUDGE JUDGE
Najeeb..
