Bombay High Court
Anand Ashok Jadhav U/G Mother Viz Manasi ... vs The State Of Maharashtra And Another on 16 January, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:1645-DB
1 WP 2795.2022 final.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2795 OF 2022
...
Anand Ashok Jadhav,
age 17 yrs (Minor), Occ. Student,
U/g Mother Viz. Manasi Ashok Jadhav
age 42 years, Occ. Service,
R/o Vikramnagar, Behind Water Tank,
Barshi Road, Latur,
Tq & Dist Latur. Petitioner
VERSUS
1. The State Of Maharashtra
Department of Tribal Development,
Mantralaya, Mumbai -32.
Through it's Secretary.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Division, Aurangabad.
Through it's Member Secretary. Respondents
.....
Advocate for the Petitioner : Mr. S.C. Yeramwar
AGP for Respondents no.1,2 : Mr. N.S. Tekale
.....
CORAM : SMT. VIBHA KANKANWADI &
S. G. CHAPALGAONKAR, JJ.
Dated : January 16, 2024
......
JUDGMENT :
- (Per : S.G. Chapalgaonkar, J.)
1. Rule. Rule made returnable forthwith. Heard
finally with consent of the parties.
2 WP 2795.2022 final.odt
2. The petitioner approaches this Court under Article
226 of the Constitution of India, thereby impugning the order
dated 31.1.2022 passed by the Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad invalidating Tribe Claim of
the petitioner for "Thakur Scheduled Tribe".
3. Mr. Yeramwar, learned advocate appearing for the
petitioner submit that petitioner belongs to "Thakur Scheduled
Tribe". The competent authority i.e. Sub Divisional Officer,
Latur issued caste certificate dated 1.3.2012. While the
petitioner was pursuing his education, proposal for verification
of his tribe claim was referred to respondent no.2-Committee.
Claim of the petitioner was supported by school record of his
close blood relatives, certificate of validity issued in favour of
his real uncle Kishor Shivajirao Jadhav, certificate of validity
issued in favour of cousin uncle Rajabhau Ambadas Thakur.
The affidavit containing Genealogy of the family in Namuna
Form-F. The petitioner's proposal was referred to Vigilance
Cell, who submitted report to the Committee on 18.8.2021.
Upon receipt of the vigilance report, petitioner was served with
a show cause notice dated 11.12.2021. Petitioner submitted
detail reply and supported by additional documents pertaining
to school record of his cousin grand fathers since 1926.
However, Committee relying on the invalidation of caste claim
of one Manisha and other irrelevant contra entries, invalidated
claim of the petitioner. He would therefore urge to set aside
the impugned order and to direct the Committee to issue caste
validity certificate in favour of the petitioner.
3 WP 2795.2022 final.odt
4. Learned AGP strongly opposes the prayer in the
petition. He would submit that claim of Manisha, who is blood
relative of the petitioner has been invalidated. By suppressing
the aforesaid facts, validity has been obtained by Kishor Shivaji
Jadhav and Rajabhau Ambadas Thakur, on which reliance has
been placed by the petitioner.
5. We have considered the submissions advanced on
behalf of the respective parties and also perused the original
file received from the Committee pertaining to caste claim of
the petitioner. The petitioner produced his Genealogy
alongwith the affidavit in form 'F', which is given here for
ready reference :-
oa'kkoGh
ia<jhukFk
vacknkl f'kokth x.kir Hkkxor l:ckbZ ;equkckbZ
1 jktkHkkm ¼oS|rk/kkjd½ 1 nRRkk=; 1furhu vkRekjke ¼oS|rk/kkjd½ Jhjke
2 laxhrk 2 lrh"k 2oS'kkyh lqfurk lq;Zdkar
3 jRuekyk 3js[kk 3v'ohuh lqfuy ¼nks?ks oS|rk/kkjd½
jkekdkar
v'kksd e;r fd'kksj ¼oS|rk/kkjd½
ekulh v'kksd tk/ko
vkuan vatyh
¼vtZnkj½
6. There is no dispute about relationship of petitioner
with Kishor Shivajirao Jadhav and Rajabhau Ambadas Thakur,
who are cousin and second cousin of the petitioner. They are
conferred with caste validity on 19.6.2004 and 26.12.2005
respectively. Pertinently, both these validity certificates are
intact as on today. Committee considered the aforesaid
validities and observed that previously caste claim of Manisha
4 WP 2795.2022 final.odt
Pandharinath Thakur, who is cousin paternal aunt of the
petitioner has been invalidated vide order dated 22.11.1996.
However, this fact was suppressed when caste claims of Kishor
Shivaji Jadhav and Rajabhau Ambadas Thakur was placed for
consideration before committee. The Committee has further
observed that although Kishor Shivaji Jadhav has been
conferred with validity certificate on the basis of validity
granted in favour of Govind Raghunath Suryawanshi, Atmaram
Bhagwan Solanke and Hari Subhash Pawar, they are not blood
relatives of the Kishor Jadhav. Similarly, there was no vigilance
inquiry. As such, his validity cannot be accepted as evidence.
Pertinently, the Committee has not observed anything about
validity granted in favour of Rajabhau Ambadas Thakur, who
has been conferred with the caste validity by the same
committee after remand of the matter by the Supreme Court of
India.
7. Apparently, so far as validity of Rajabhau Ambadas
Thakur committee has not observed that it was granted
without the vigilance inquiry. In this background, it is difficult
to hold that validity granted in favour of Rajabhau Ambadas
Thakur vitiates on account of fraud, misrepresentation,
suppression of facts or lack of procedure. His certificate is
intact for last 19 years.
8. Pertinently, when report of the vigilance was
served upon the petitioner alongwith show cause notice dated
18.8.2021, petitioner submitted a detail reply alongwith the
school record of Vishwanath Hari Thakur, who is cousin grand
5 WP 2795.2022 final.odt
father of the petitioner. He was admitted in school on
10.6.1926, which refers to the caste as "Thakur". Similarly,
petitioner has placed on record school record in respect of
cousin grand father namely Shivaji Tukaram Thakur, who was
admitted in the school on 17.4.1939 and his caste has been
recorded as "Thakur". The Committee has not dealt with these
vital documents in its order. If these entries are considered
alongwith validity conferred on Rajabhau, petitioner's claim for
"Thakur Scheduled Tribe" cannot be negated.
9. We are, therefore, inclined to set aside the
impugned order and direct the Committee to issue certificate
of validity for "Thakur Scheduled Tribe" in favour of the
petitioner, however, with the rider that, in case, the validities
issued in favour of the Kishor Shivajirao Jadhav and/or
Rajabhau Ambadas Thakur are reopened and cancelled, the
validity certificate issued by committee to the petitioner shall
also be subject to such action initiated by the Committee.
Hence, we proceed to pass the following order.
ORDER
i. Writ Petition is allowed.
ii. The impugned order dated 31.01.2022 passed
by the respondent no.2-Scheduled Tribe
Certificate Committee, Aurangabad Division,
Aurangabad is hereby quashed and set aside.
iii. The respondent no.2 is hereby directed to issue
certificate of validity for "Thakur scheduled
Tribe" in favour of the petitioner, which shall be
6 WP 2795.2022 final.odt
subject to result of inquiry, if any, initiated
against Kishor Shivajirao Jadhav and Rajabhau
Ambadas Thakur thereby reopening the caste
validity's conferred upon them.
iv. Writ Petition is accordingly disposed off. Rule is
made absolute in above terms.
( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. )
...
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