Bombay High Court
Akshada Suresh Navasare vs The State Of Maharashtra And Others on 2 February, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:2200-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2215 OF 2021
Akshada d/o Suresh Navasare,
Age- 19 years, Occ. Student,
R/o At- Anand Khede, Post- Khede,
Tq. & Dist. Dhule. ..Petitioner
Versus
1. The State of Maharashtra
Department of Tribal Development,
Mantralaya, Mumbai-32.
Through its Secretary.
2. The Scheduled Tribe Certificate Scrutiny
Committee, Nashik Division, Nashik,
Through its Member Secretary.
3. State Common Entrance Test Cell,
Maharashtra State, 8th Floor,
New Excelsior Building, A.K. Nayak Road,
Fort, Mumbai- 400001.
Through its Commissioner & Competent
Authority. ..Respondents
...
Mr. S. C. Yeramwar, Advocate for the Petitioner.
Mr. V. M. Jaware, AGP for Respondent Nos.1 and 2.
Mr. M. D. Narwadkar, Advocate for Respondent No.3.
...
CORAM : SMT. VIBHA KANKANWADI AND
S. G. CHAPALGAONKAR, JJ.
JUDGMENT RESERVED ON :- 19th JANUARY 2024.
JUDGMENT PRONOUNCED ON :- 02nd FEBRUARY 2024.
JUDGMENT (Per: S. G. Chapalgaonkar, J.):
-
1. Rule. Rule made returnable forthwith. With the consent of
the parties, matter is taken up for final hearing at the stage of
admission.
2. The petitioner approaches this Court under Article 226 of
the Constitution of India, thereby impugning order dated 18.01.2021
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passed by respondent no.2-Scheduled Tribe Certificate Scrutiny
Committee, Nashik thereby invalidating the caste claim of the
petitioner as belonging to 'Tokre Koli', Scheduled Tribe.
3. Mr. Yeramwar, learned Advocate appearing for the
petitioner submits that the petitioner belongs to the 'Tokre Koli',
Scheduled Tribe. On 19.09.2017 the Sub Divisional Officer/Competent
Authority has issued a caste certificate in favour of the petitioner
certifying her as belonging to 'Tokre Koli', Scheduled Tribe. In the year
2018 her tribe certificate was referred to respondent no.2-Committee for
verification through her college. It was supported by the certificates of
validity issued in favour of blood relatives, school admission entries and
revenue record depicting caste entry as 'Tokre Koli', Scheduled Tribe.
The proposal of the petitioner was referred to the vigilance enquiry.
The report dated 30.03.2019 was received to the Committee, which was
served to the petitioner alongwith show cause notice dated 04.06.2019.
The petitioner duly explained adverse remarks vide her reply dated
11.06.2019. However, the Committee vide order dated 11.07.2019
invalidated tribe claim. Petitioner had approached this Court vide Writ
Petition No.13874/2019 challenging such invalidation. She had also
tendered additional documents in support of her caste claim alongwith
Civil Application No.6745/2020. This Court was pleased to relegate the
matter to the Committee for fresh consideration vide order dated
11.12.2020. The Committee had again directed vigilance enquiry,
particularly in respect of the additional documents. The report of the
vigilance was received to the Committee and adverse remarks therein
were duly replied by the petitioner. However, the Committee again
invalidated the petitioner's caste claim.
4. Mr. Yeramwar would submit that there are two validity
holders among the blood relations of the petitioner. The cousin uncle of
the petitioner namely Vikas Ramdas Navasare has been granted
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validity certificate dated 18.12.2008. His another cousin uncle namely
Narendra Ramdas Navasare is granted caste validity on 28.06.2012.
Both the aforesaid validity are intact and there is no dispute as regards
to the genealogy depicting blood relations of the petitioner with the
validity holders. He would further submit that the document dated
25.12.1905 in respect of great great grandfather of the petitioner
namely Maharu Budha Kalu was placed on record, it notes his caste as
'Koli Dhor',. He would further submit that this Court vide order dated
10.01.2024 passed in Writ Petition No.153/2022 directed the Committee
to issue validity certificate in favour of Nandini d/o Kishor Navsare,
who is cousin of the petitioner.
5. Mr. Jaware, learned AGP for respondent nos.1 and 2
vehemently opposes the petition and submits that the claim of the
petitioner has been invalidated for want of sufficient material
supporting caste claim. The Committee recorded its conclusion after
considering entire material on record as well as findings of the vigilance
cell. There are many contra entries that nullifies the evidence relied
upon by the petitioner.
6. We have considered the submissions advanced by the
learned Advocates appearing for the respective parties. We have gone
through the voluminous documents annexed to the petition. The caste
claim of the petitioner is mainly supported by the two validity granted
to blood relations i.e. Vikas Ramdas Navasare and Narendra Ramdas
Navasare. Admittedly, both the aforesaid validity are still intact. The
Committee has not issued any show cause notice to both the validity
holders. No proceeding for revocation of such validity have ever been
initiated. The Committee considered both these validity in paragraph
no.11 of the impugned order. The Committee records that first validity
holder i.e. Vikas Ramdas Navasare has not filed his affidavit
acknowledging relationship with the petitioner. We have verified the
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uncontraverted genealogy, which is part of the record of the Committee.
We noticed that Budha is great-great-great-grandfather of the
petitioner. He had four sons namely Sakharam, Narayan, Mahru and
Tanaji. The petitioner belongs to the branch of Maharu Budha
Navasare, wheres Vikas hails from the branch of Tanaji. Apparently,
we do not find any reason to disbelieve the contentions of the petitioner
as regards to her relationship with Vikas. So far as the second blood
relative namely Narendra Ramdas Navasare is concerned, the
Committee simply notes that no vigilance was carried while issuing
validity in his favour. Pertinently, Vikas and Narendra are real
brothers. The validity was issued in favour of Vikas Ramdas Navasare
on 18.12.2008, whereas Narendra Ramdas Navasare received validity
certificate on 28.06.2012. In such case, it was not necessary for the
Committee to refer the case of Narendra to the vigilance. Therefore,
reasoning adopted by the Committee while discarding aforesaid two
validity certificates supporting the caste claim of the petitioner cannot
be approved.
7. The Committee has further recorded that the contra entries
were not brought to the notice of the Committee at Thane, who issued
validity in favour of Vikas and Narendra. Pertinently, the Committee
has not formed any opinion that the validity granted to Vikas and
Narendra were outcome of the fraud or misrepresentation. In this
background, we have no hesitation to hold that finding of the
Committee is perverse and unsustainable.
8. The petitioner has further relied upon the order passed by
this Court in the matter of Nandini d/o Kishor Navsare in Writ Petition
No.153/2022. However, genealogy relied by the petitioner in this case
do not establish relationship of the petitioner with Nandini d/o Kishor
Navsare. However, in view of the aforesaid observations, committee
could have relied on validity granted to Vikas and Narendra and
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validated claim of petitioner, hence, impugned order is liable to be
quashed and set aside and the petitioner is entitled for the reliefs as
claimed in the petition. Hence, we proceed to pass following order:-
ORDER
a. Writ Petition is allowed.
b. The impugned order dated 18.01.2021 passed by respondent
no.2-Scheduled Tribe Certificate Scrutiny Committee, Nashik thereby
invalidating tribe claim of the petitioner is hereby quashed and set
aside.
c. The respondent no.2-Committee is directed to issue caste
validity certificate in favour of the petitioner for 'Tokre Koli', Scheduled
Tribe within a period of one month from the date of this order.
d. Writ Petition is disposed of.
e. Rule is made absolute in above terms.
(S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI)
JUDGE JUDGE
Devendra/Feburary-2024
