Bombay High Court
Saurabh Ramdas Bhosale vs The State Of Maharashtra Through Its ... on 14 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:18215-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
962 WRIT PETITION NO. 8391 OF 2024
SAURABH RAMDAS BHOSALE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. Yeramwar Sushant C.
AGP for Respondents : Mrs. P.J. Bharad
...
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 14 AUGUST 2024
PER COURT [Shailesh P. Brahme, J.] :
Considering the exigency in the matter, we propose to
decide this matter finally at the admission stage.
2. Petitioner is taking exception to the judgment and
order dated 02.08.2024 passed by the Scrutiny Committee
confiscating and invalidating his tribe certificate for scheduled
tribe 'Thakur'. He relies upon validity certificate of his father. He
also relies on pre-constitutional school record of his grandfather
Karbhari which was duly scrutinized. There is revenue record of
Fasli 1348 of Ramchandra Dharma Thakur and Bhau Darma
Thakur. It has already been scrutinized while issuing validity
certificate to his father. He is claiming validity on the ground of
parity.
3. Learned AGP tenders on record original papers of
validity holder Ramdas. It is submitted that validity certificate of
the father is rightly discarded by the Committee because it was
secured by misrepresentation and suppressing material facts. His
validity was based on the validity of matrimonial side relative and
is liable to be discarded. The constitution of the Committee which
issued validity certificate to the father was not in accordance with
law. It is further contended that the petitioner failed in affinity test.
4. We have considered rival submissions and also gone
through original papers of validity holder Ramdas. It reveals that
vigilance enquiry was conducted in the case of Ramdas. The school
record of Karbhari who is the petitioner's grandfather was
considered and was found to be genuine. He was issued with
validity certificate by a speaking order of the Scrutiny Committee.
Though validity certificate of Nilesh Dattaram Bhosale was relied
on who was found to be matrimonial side relative, the certificate
cannot be altogether discarded because other material was also
considered by the Committee. We are of the considered view that
the validity certificate of Ramdas was issued after following due
procedure of law. It would enure to the benefit of the petitioner.
5. The petitioner is relying on pre-constitutional entry of
Karbhari of 1945. It has greater probative value in view of law laid
down in Anand Versus Committee for Scrutiny and Verification of
Tribe Claims and Others, (2012) 1 SCC 113. The Committee
should not have rejected the tribe claim of the petitioner.
6. The self same record was considered by the Committee
and validity was issued to petitioner's father. Unless the validity is
recalled, the petitioner cannot be denied the validity certificate.
Affinity test is not a decisive or a litmus test as is laid down by
Supreme Court in the matter of Maharashtra Adiwasi Thakur
Jamat Swarakshan Samiti Versus State of Maharashtra and others,
2023 SCC Online SC 326.
7. Another objection of learned AGP is that the
constitution of the Committee which issued validity certificate to
the petitioner's father is not in accordance with law also cannot
persuade us from causing interference in the impugned judgment
and order, when as per Rule 9 of the Rules framed under
Maharashtra Act XXIII of 2001, clearly states that the decision of
the Scrutiny Committee shall be by majority and the objection is
only to one of the three members.
8. The petitioner is ready to run the risk and abide by the
law laid down in the matter of Shweta Balaji Isankar Versus State
of Maharashtra and others, passed by this High Court in Writ
Petition No. 5611/2018. He deserves validity certificate
conditionally. Impugned judgment and order is liable to be
quashed.
9. Writ Petition is allowed partly. Impugned judgment and
order is quashed and set aside. The respondent - Scrutiny
Committee shall issue validity certificate to the petitioner which
shall be subject to outcome of reverification of the validity of
petitioner's father. Petitioner shall not claim any equity.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
Thakur-Chauhan/-
