Bombay High Court
Shreyash Nagnath Shinde Through ... vs The State Of Maharashtra Through Its ... on 13 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:18158-DB
1 wp 8390.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8390 OF 2024
Shreyash Nagnath Shinde
Through guardian
Nagnath Dasrao Shinde and others .. Petitioners
Versus
The State of Maharashtra and another .. Respondents
Shri Sushant C. Yeramwar, Advocate for the Petitioners.
Shri A. R. Kale, Addl.G.P. for the Respondent Nos. 1 and 2.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 13 AUGUST 2024.
FINAL ORDER (Per Shailesh P. Brahme, J.) :-
. Heard the matter finally at the admission stage considering
exigency.
2. Petitioners are challenging judgment and order dated
31.07.2024 passed by the respondent No. 2/Scrutiny Committee
rejecting their tribe claims by invalidating tribe certificates of
'Thakur' (Scheduled Tribe). They rely on validity certificates not
only issued by the Scrutiny Committee to their close relatives,
but also on the validities granted by the High Court on different
occassions to the blood relatives.
3. The learned Additional Government Pleader supports the
impugned judgment and order. He would vehemently submit
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that the validities were obtained by suppressing material facts.
The scrutiny committee has rightly rejected the tribe claims
considering incompatible school record of Naresh, Ramesh and
Gajanan.
4. We have considered rival submissions of the parties. There
is no dispute about the relationship of the validity holders with
the petitioners. Gaurav and Devidas were issued with the
validity certificates by common order dated 03.12.2021 passed in
Writ Petition No. 2465 of 2021. Ashwini, Ramesh, Rohini and
Gajanan were issued with the validity certificates vide common
order dated 13 July 2023. Vijay was issued with the validity
certificate by order dated 08 December 2021 by a coordinate
bench. These validity holders are paternal side close relatives of
the petitioners. We adopt same reasoning and course in the
present matter and find the petitioners eligible for validity
certificates, conditionally.
5. It is trite law that unless earlier validities are revoked, the
petitioners cannot be denied same social status. The Committee
has proposed reverification of earlier validities. The petitioners
are ready to run the risk of facing consequences as per the
judgment in the matter of Shweta Balaji Isankar Vs. The
State of Maharashtra and others judgment dated 27 July
2018 in W. P. No. 5611 of 2018. We find that the impugned
judgment and order is unsustainable. We, therefore, pass
following order :
3 wp 8390.24
ORDER
A. The writ petition is allowed partly.
B. The impugned judgment and order dated 31.07.2024
passed by the respondent No. 2/Scrutiny Committee is quashed
and set aside.
C. The respondent No. 2/Scrutiny Committee shall issue
validity certificates of 'Thakur' (Scheduled Tribe) to the
petitioners immediately, which shall be subject to outcome of
reverification of validity holders.
D. The petitioners shall not be entitled to claim equities.
F. The writ petition is disposed of in above terms.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/Aug. 24
