Bombay High Court
Sanjana Krishna Bayanwar Through ... vs The State Of Maharashtra Through Its ... on 13 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:18189-DB
946.WP.8335.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8335 OF 2024
1. Sanjana d/o Krishna Bayanwar
through her Natural Guardian i.e. father
Krishna s/o Bhumanna Bayanwar
2. Kunal s/o Krishna Bayanwar ... PETITIONERS
VERSUS
1. The State of Maharashtra
through 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
...
Advocate for petitioners : Mr. C.R.Thorat
A.G.P. for Respondent/State : Mr. V.M. Chate
...
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 13.08.2024
ORDER ( PER : MANGESH S. PATIL, J.) :
The petitioners are siblings and are challenging the common
judgment and order of respondent No.2 - Scrutiny Committee refusing to
validate their 'Mannervarlu' scheduled tribe certificates.
2. Considering the urgency being demonstrated, inasmuch as,
both are seeking to secure admission in the admission process in the
current year, the matter is heard finally at the stage of admission.
946.WP.8335.24.odt
3. Learned advocate for the petitioners submits that the
Committee has not entertained any dispute regarding petitioners'
relationship with the validity holder, their paternal uncle Sunil Bhumanna
Bayanwar who was granted validity way back in the year 2008. He would
submit that the Committee has now, for the reasons mentioned in the
impugned order, formed an opinion about he having practised fraud
while obtaining certificate of validity by concealing contrary school
record of the blood relatives, wherein, they were described as
'Munurwad' and 'Munurvar'. He would submit that even the Committee
has now drawn some inference regarding there being some manipulation
in the school record of Bhumanna Laxmanna Bayanwar and Gangadhar
Narsimlu Baiyanwad. He would submit that even if the Committee has
now decided to revisit the validity, till the time Sunil's validity is not
recalled, petitioners cannot be denied benefit of reservation. They are
ready to run the risk as contemplated in Shweta Balaji Isankar Vs. State
of Maharashtra and Ors.;WP No.6320/2017.
4. Per contra, learned AGP would submit that the Committee
has recorded sound reasons by observing that the certificate of validity
was obtained by practising fraud and has rightly decided to undertake
rescrutiny. He would submit that in the light of the manipulations and
contrary record noticed by the Committee, the petitioners cannot be
allowed to derive the benefit of the fraud perpetrated by the blood
relative.
946.WP.8335.24.odt
5. We have considered the rival submissions and perused the
papers. Obviously fraud would vitiate every solemn act. The Committee
seems to have decided to undertake rescrutiny of the validity possessed
by Sunil on the ground of he having practised fraud. Incidentally, even
the Committee on its own has also traced out validity of one Vitthal
Narsimlu Baiyanwad stated to be related to the petitioners by blood and
has also observed that even he had obtained certificate of validity in the
year 2005 by fraud. Since the validity holders, Sunil and Vitthal are not
before us and since the Committee has decided to resort to due process of
law for revisiting their validities, we deem it appropriate not to undertake
any scrutiny regarding sustainability of the inference drawn by the
Committee about they having obtained validities by practising fraud. Let
that happen in the matters to be reopened.
6. However, till the time the Committee is unable to recall the
validity certificates of Sunil and Vitthal, which would be a long drawn
process, the petitioners cannot be made to wait at the cost of their
careers. They can be issued certificates of validity making those co-
terminus with the validities of Sunil and Vitthal.
7. Incidentally, we could go through the original file of Vitthal
made available to us. We could notice that vigilance inquiry was
conducted. Documents were collected. Even a pre-constitutional record
could be traced and by a reasoned order he was held entitled to have a
certificate of validity. These being the parameters laid down in the
946.WP.8335.24.odt
matter of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs.
State of Maharashtra and Ors.;2023 SCC Online SC 326, the Committee
having accepted the petitioners to be related to Vitthal by blood from
paternal side, the petitioners are entitled to derive the benefit of even his
validity.
8. The writ petition is allowed partly. The impugned order is
quashed and set aside. The respondent No.2 - Committee shall issue
certificates of validity to both the petitioners of 'Mannervarlu' scheduled
tribe immediately. The validity of these certificates would be subject to
the final outcome of the matters of Sunil and Vitthal which the committee
has decided to reopen.
9. The petitioners shall not be entitled to claim equities.
[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ]
JUDGE JUDGE
habeeb
