Bombay High Court
Snehal Anil Johare vs The State Of Maharashtra Through Its ... on 27 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:19736-DB
1 WP / 11035 / 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11035 OF 2021
Snehal Anil Johare,
Age : 24 years, Occ. Student,
R/o. Amkheda, Tq. Soygaon,
Dist. Aurangabad .. Petitioner
Versus
1] The State of Maharashtra,
Through its Secretary,
Tribal Department,
Mantralaya, Mumbai - 32.
2] The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Through its Deputy Director (R)
3] The Principal,
R.C. Patel Institute of Pharmacy,
Shirpur, Tq. Shirpur,
Dist. Dhule
4] The Registrar,
North Maharashtra University,
Jalgaon, Tq. & Dist. Jalgaon .. Respondents
...
Advocate for petitioner : Mr. Pratap V. Jadhavar
Addl.GP for the respondent - State : Mr. A.R. Kale
...
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 27 AUGUST 2024
ORAL ORDER (SHAILESH P. BRAHME, J.) :
We have heard both the sides finally, considering the
urgency.
2 WP / 11035 / 2021
2. The petitioner is challenging the judgment and order dated
28-08-2021 passed by respondent - scrutiny committee confiscating
and invalidating her tribe certificate.
3. Petitioner relies on the validity certificate of her father -
Anil, uncle - Sanjay and paternal side relatives - Mohitkumar and
Pallavi. Learned counsel for the petitioner submits that by following
due procedure of law, the certificates of validity were issued in the
family of the petitioner. He tenders on record order dated 11-08-2023
passed in the matter of her cousin - Pallavi.
4. Learned AGP supports the impugned judgment and order.
He would submit that the scrutiny committee has rightly discarded the
validity certificate because the school record of Ashok, Sitaram and
Kailash, Bharat, Bebi and Anil is incompatible with the claim. The
committee also noticed tampering of record in the matter of Sanjay,
Mohitkumar and Anil. The validities were obtained by suppressing
earlier invalidation in the matter of Rajendra Govind Johare.
5. We have considered the rival submissions of the parties.
6. There is no dispute about the relationship of the petitioner
with the validity holders. Petitioner's father - Anil and real uncle -
Sanjay were issued with validity certificates. Besides that Mohitkumar
and Pallavi are issued with the certificates of validity who are paternal
3 WP / 11035 / 2021
side relatives of the petitioner. We have also gone through the order
dated 11-08-2023 passed by our Bench in the matter of Pallavi Johare
in writ petition no. 10835 of 2021. We find that the selfsame record has
already been scrutinized by the committee in granting validity
certificates to the relatives of the petitioner. The validity certificates
would enure to the benefit of the petitioner.
7. The committee discarded the validity certificate on the
ground that there was invalidation of certificate of Rajendra Govind
Johare.
We have already taken a view in the matter of Pallavi
Sitaram Johare (writ petition no. 10835 of 2021) and Bankam Malode
vs. State that invalidation cannot be said to be adverse to the tribe
claim.
8. The committee has issued show cause notice to the
validity holder. The submission in respect of suppression of material
facts and the incompatible school record of the relative of the petitioner
can be taken care of during reverification.
9. The petitioner is ready to run the risk as contemplated in
Shweta Balaji Isankar Vs. State of Maharashtra and others (writ
petition no. 6320 of 2017). We are of the considered view that the
4 WP / 11035 / 2021
petitioner deserves to be issued certificate of validity conditionally.
We, therefore, pass the following order :-
ORDER
I] The writ petition is allowed partly.
II] The impugned judgment and order is quashed and set
aside.
III] The committee shall forthwith issue the validity certificate
to the petitioner which shall be subject to the outcome of the re-
verification proposed by the scrutiny committee.
IV] The petitioner shall not claim equities.
[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ]
JUDGE JUDGE
arp/
