Bombay High Court
Jyoti Suresh Wankhede Alias Jyoti ... vs The State Of Maharashtra Thr Its ... on 12 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:18053-DB
1 47.WP-2906-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 2906 OF 2021
Jyoti d/o Suresh Wankhede
(Sau. Jyoti Dinesh Devare (Thakur),
Age : 39 years, Occ. Student,
R/o : Songir, Taluka and
Dist. Dhule. ...Petitioner
Versus
1. The State of Maharashtra,
Trough its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. Scheduled Tribe Certificate Scrutiny
Committee, Nandurbar Division,
NandurbarThrough its Member Secretary.
3. The Sub Divisional Officer,
Jalgaon, District Jalgaon. ...Respondents
___
Mr. A.S. Golegaonkar i/by Mr. M.A. Golegaonkar, Advocate
for the Petitioner.
Mr. A.R Kale, Addl.GP for Respondent/State.
___
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ..
DATE : 12 AUGUST 2024
FINAL ORDER [Per: Shailesh P. Brahme, J.] :
. This is being heard finally at the admission stage
considering exigency in the matter.
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2. The petitioner is challenging the judgment and order dated
25.02.2020 passed by the Scrutiny Committee, confiscating and
invalidating his tribe certificate of 'Thakur' Scheduled Tribe.
Petitioner seeks to rely on the validity certificates of Shaligram,
Prashant, Govind, Dheeraj and Nishant.
3. Learned Counsel for the petitioner submits that Dheeraj
and Nishant were issued with validity certificates by orders of
the High Court. The old record which has already been verified,
supports the tribe claim. He would refer to old record of
Ramchandra Motiram Thakur.
4. Learned AGP supports the impugned judgment and order.
He would submit that the school record of Narayan,
Ramchandra, Dnyandev, Bhaskar is incompatible with the tribe
claim of the petitioner. He would submit that the validity
certificates were rightly discarded by the Scrutiny Committee.
5. We have considered submissions of the parties. The
relationship of the petitioner with validity holder is undisputed.
Vigilance inquiry was conducted in the matter of Shaligram and
then he was issued with validity certificate. Nishant and Dheeraj
were issued with validity certificates by common judgment and
order passed by the coordinate bench in Writ Petition
No.3994/1999. Prashant was also issued with validity certificate.
We do not find any material to discard the validities. When
selfsame record was under consideration, the Committee could
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not have discriminated the petitioner.
6. It reveals from record that the petitioner is relying on
school record of Shivlal of 1919, Shamrao - 1916 and
Ramchandra - 1922. Being pre-independence record, it has
greater probative value. It corroborates the petitioner's claim.
The contrary entry pressed into service by learned AGP was that
of Narayan Ramchandra of 1926. It is subsequent in time. The
earlier pre-constitution record would prevail over entry of 1926.
The Committee should have granted validity certificate to the
petitioner.
7. Nishant and Dheeraj were issued with validity certificates
by High Court vide common judgment dated 01.10.2023. The
Committee has proposed to file review application in the matter
of Nishant and Dheeraj. All the validity holders are issued show
cause notices.
8. 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. She
deserves validity certificate conditionally. We, therefore, pass
following order :
ORDER
a. The writ petition is allowed partly.
b. The judgment and order dated 25.02.2020 passed
by the Scrutiny Committee is quashed and set aside.
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c. The Scrutiny Committee shall issue tribe validity
certificate of 'Thakur' scheduled tribe to the
petitioner forthwith. The same shall be subject to the
outcome of re-verification and review orders of
the High Court.
d. The petitioner shall not be entitled to claim equities.
SHAILESH P. BRAHME MANGESH S. PATIL
JUDGE JUDGE
Najeeb..
