Bombay High Court
Shreya Ramrao Bembre And Another vs The State Of Maharashtra Through Its ... on 14 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:18332-DB
1 961.WP-8376-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8376 OF 2024
1. Shreya d/o Ramrao Bembre
2. Yash s/o Ramrao Bembre ...Petitioners
VERSUS
1. The State Of Maharashtra
Through Its Secretary
Tribal Development Department,
Mantralaya, Mumbai.
2. The Scheduled Tribe Certificate
Verification Committee, Kinwat,
Head Quarter at Chh. Sambhajinagar
Through its Dy. Director (R),
and Member Secretary,
Near CIDCO Bus Stand, Chhatrapati Sambhajinagar,
Dist. Chh. Sambhajinagar. ...Respondents
...
Advocate for Petitioners : Mr. Thorat Chandrakant R.
Addl.GP for Respondents/State : Mr. A.R. Kale
...
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 14 AUGUST 2024
ORDER [Per Shailesh P. Brahme J.] :
. Heard both the sides considering urgency in the matter.
2. The petitioners are siblings and children of Ramrao. Their tribe
certificates are invalidated by judgment and order dated 15.07.2024.
They would rely on validity certificate of their father Ramrao who is
the first validity holder.
2 961.WP-8376-2024.doc
3. The learned advocate for the petitioners submits that relying
upon father's validity, in all seven validities are issued in the close
relation of the petitioners. The validity certificates were issued after
following due procedure of law and would corroborate the
petitioners' claim.
4. Learned Additional GP supports the impugned judgment and
order. He places on record original papers of the petitioners. He
would submit that father of the petitioners had obtained validity
certificate by suppressing material facts and relying on validities of
maternal side relatives and therefore it is rightly discarded. It is
further submitted that the school record of Chandrakala, Shivanand
and Ganpat are incompatible with the tribe claim. Though petitioners
have disputed relationship with Chandrakala, Shivanand and Ganpat,
the affidavit filed by Ramrao disclosing the genealogy would indicate
their relationship with the petitioners. The Committee has issued
show cause notice to the validity holder - Ramrao. Therefore it is
submitted that this would not be a fit case to entertain petition and
to cause any interference in the impugned judgment.
5. We have considered the rival submissions of the parties. The
genealogy placed on record would indicate that petitioners' father
Ramrao is the first validity holder. Relying on him, validity
certificates are issued to other relatives which are shown in the
genealogy namely Anup, Akshay, Rohan, Rohit, Rushikesh, Narendra,
Rajesh and Omprakash.
3 961.WP-8376-2024.doc
6. It reveals from the record that vigilance inquiry was conducted
in the matter of petitioners' father. We have verified from the original
papers that petitioners' father- Ramrao was issued with validity
certificate by the Scrutiny Committee by a speaking order.
7. The Committee has issued show cause notice to Ramrao and
has proposed re-verification. Under these circumstances, we would
not embark on any inquiry in respect of the alleged fraud while
issuing the validity certificate to the petitioners' father. At this
juncture, we are of the considered view that the validity certificate of
petitioners' father was issued after following due procedure of law.
Unless it is revoked, petitioners cannot be denied the benefit of same
social status.
8. Undisputedly, there are at-least seven validity certificates
issued on the basis of certificate of validity of Ramrao. Though the
Committee has proposed their re-verification, those certificates would
enure to the benefit of the petitioners. Learned AGP would point out
that school record of Chandrakala, Shivanand and Ganpat are
incompatible with the tribe claim of the petitioners. It is further
pointed out that the manipulation was noticed in case of school
record of other blood relatives. However, this Court would not
undertake any exercise for determining whether the incompatible
and the tampered school record was concealed and would amount to
fraud or not as the Committee has already proposed to undertake
reverification. Even the validity holders are not before us.
4 961.WP-8376-2024.doc
9. Petitioners are 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. They can be
issued with validity certificates on certain conditions. We, therefore,
pass following order :
ORDER
(a) The writ petition is partly allowed.
(b) The impugned judgment and order dated 15.07.2024 passed
by the Scrutiny Committee is quashed and set aside.
(c) The Scrutiny Committee shall immediately issue tribe validity
certificates of 'Mannervarlu' scheduled tribe to the petitioners.
The same shall be subject to the final outcome of re-
verification proposed by the Scrutiny Committee.
(d) The petitioners shall not be entitled to claim equities.
[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.]
Najeeb..
