Nagesh Shyamsundar Populwad vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 24607 Bom

Bombay High Court

Nagesh Shyamsundar Populwad vs The State Of Maharashtra Through Its ... on 21 August, 2024

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2024:BHC-AUG:18991-DB




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               WRIT PETITION NO. 8625 OF 2024

                               Nagesh Shyamsundar Populwad
                                           VERSUS
                                 1. The State of Maharashtra
            2. The Scheduled Tribe Caste Certificate Verification Committee Kinwat

           Mr. S. M. Vibhute, Advocate for the petitioner
           Mr. S. P. Joshi, AGP for respondent Nos.1 and 2/State
                                                ...

                                            CORAM      : MANGESH S. PATIL &
                                                         SHAILESH P. BRAHME, JJ.
                                            DATE       : 21.08.2024


           ORDER (PER - SHAILESH P. BRAHME, J):

Heard both sides finally considering urgency in the matter.

2. The petitioner is challenging the judgment and order dated

09/08/2024 passed by the scrutiny committee invalidating the tribe

certificate. He would rely on validity certificates of Shridnya and

Tanupriya. Both of them were issued with validity certificates by the

orders of this Court which are placed on record.

3. The learned AGP would support the impugned judgment and

order. He submits that the scrutiny committee has rightly considered the

954.wp8625.24.odt 1 of 3 material on record. The validity certificates are rightly discarded

considering incompatible school record of Avdhoot Balaji.

4. We have considered the submissions of both the parties. It

reveals from record that Tanupriya was issued with validity certificate

vide order dated 31/07/2019 passed in Writ Petition No. 8860/2019.

Shridnya was also issued with validity certificate by High Court vide order

dated 11/01/2022 passed in Writ Petition No. 492/2022. We also noticed

that in the matter of Tanupriya there was vigilance enquiry. We find that

both the validity certificates would enure to the benefit of the petitioner.

5. When selfsame record was already been scrutinized on earlier

occasion, the petitioner is also entitled to same social status on the

ground of parity. It is informed that the committee has issued show cause

notice to the validity holders. The petitioner is ready to run race as

contemplated by Shweta Balaji Isankar Vs. The State of Maharashtra and

others in Writ Petition No. 5611/2018 decided on 27.07.2018. In that

view of the matter the petitioner can be issued with validity certificate on

certain condition. We, therefore, pass following order.

                                   ORDER

      i.     Petition is partly allowed.




954.wp8625.24.odt                                                       2 of 3
       ii.    The impugned judgment is quashed and set aside.

Iii. The scrutiny committee shall issue validity certificate to the

petitioner which shall be subject to out come of the

reverification of the validity holder.

iv. Petitioner shall not be entitled to claim any equities.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.)

SSP

954.wp8625.24.odt 3 of 3