Bombay High Court
Shripad Rajendra Medhe vs The State Of Maharashtra Through Its ... on 18 January, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:2050-DB
1 WP 12594.22 final.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.12594 OF 2022
Shripad Rajendra Medhe,
age 30 yrs, Occ. Education,
R/o Bevnal, Tq. Shirur-Anantpal,
District Latur. Petitioner
VERSUS
1. The State Of Maharashtra
Through It's Secretary
Tribal Development Department,
Mantralaya, Mumbai-23
2. The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad
Through It's Deputy Director (R). Respondents
.....
Advocate for the Petitioner : Mr. A.V. Patil Indrale
AGP for Respondents : Mr. S.K. Shirse
.....
CORAM : SMT. VIBHA KANKANWADI &
S. G. CHAPALGAONKAR, JJ.
Dated : January 18, 2024
.....
JUDGMENT :
- (Per S.G. Chapalgaonkar, J.)
1. Rule. Rule made returnable forthwith. With
consent of the parties, heard finally at admission stage.
2. The petitioner approaches this Court under Article
226 of the Constitution of India thereby impugning the
judgment and order dated 30.6.2022 passed by the Scheduled
2 WP 12594.22 final.odt
Tribe Caste Scrutiny Committee, Kinwat, thereby invalidating
caste claim of the petitioner for "Koli Mahadev" Tribe.
3. Mr. A.V. Indrale Patil, learned advocate appearing
for the petitioner submit that petitioner belongs to 'Koli
Mahadev' Tribe, which is notified and recognized as Scheduled
Tribe. The petitioner is conferred with Tribe certificate for
"Koli Mahadev" by the competent authority. While petitioner
was pursuing his education, University forwarded his caste
certificate for verification to the Committee. The petitioner
supported his claim with the school admission extract, school
leaving certificate, Tribe certificate, affidavit with genealogy
and four validity certificates issued in favour of his blood
relations as belonging to "Koli Mahadev" Scheduled Tribe. The
petitioner was served upon a show cause notice alongwith
vigilance report. He filed his reply dated 21.12.2021
explaining the adverse remarks. However, Committee
invalidated caste claim of the petitioner on erroneous counts.
Mr. Patil would submit that all certificates of validity granted in
favour of the petitioner's blood relations are intact as on date
and there was no reason to deny caste validity in favour of the
petitioner.
4. Per contra, Mr. Shirse, learned AGP appearing for
respondent nos.1 and 2 vehemently opposed the petition. He
would submit that during vigilance inquiry, it is revealed that
school and revenue record of the petitioner's forefathers clearly
depicts the caste as "Koli" and on the basis of some
manipulated entries in the revenue record in the name of
3 WP 12594.22 final.odt
cousin grand father of the petitioner, blood relatives have
obtained caste validity. The petitioner could not justify his
claim independently. The Committee has rightly discarded all
such validities from consideration and invalidated caste claim
of the petitioner by recording elaborate reasons.
5. We have considered the submissions advanced by
the learned advocates appearing for the respective parties. We
have perused annexures to this writ petition and also the
documents available in the files received from the Committee.
Before we proceed further, it would be appropriate to refer
genealogy so as to understand relationship between the
petitioner and his blood-relations who have been conferred
with validity.
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rqdkjke es<s
,dukFk ckthjko udqykckbZ lkjtkckbZ O;adVjko
uflZax lqHkk"k ijkxckbZ f'kokth ekf.kdjko ukxksjko fnyhi@ckcq dsj.k ckcqjko jktsanz lafxrk
ejksrh(oS/krk /kkjd) cGhjke nRrk nRrk
uoukFk ,dukFk(oS/krk /kkjd) ehjkckbZ(oS/krk /kkjd)
efPNanz guqear Jhear(oS/krk /kkjd)
nRrk (oS/krk /kkjd) Jhikn HkkX;Jh in~eJh oS".koh J/nk Jhfuokl
(vtZnkj)
6. Apparently, petitioner is relying upon the branch
of Eknath s/o Tukaram Medhe, where there are five validity
holders. The petitioner has relied upon the following caste
validity certificates in support of his claim.
vdz nkokdR;kZps uko vtZnkj ;kaP;k'kh Tkekr nkO;kpk fu.kZ; fnukad
ukrslaca/k fu.kZ;
1 ,dukFk f'kokth es<s pqyr Hkkm oS/k 02@06@2010
2- Ekkjksrh lqHkk"k es<s Pkqyr Hkkm oS/k 19@06@2010
3- ehjkckbZ f'kokth es<s Pkqyr cfg.k oS/k 30@11@2010
4- nRrk efPNanz es<s pqyr iqr.;k oS/k 22@02@2011
5- Jhear ujflax es<s pqyr Hkkm oS/k 25@04@2011
4 WP 12594.22 final.odt
7. Apparently, all these validities are coming from the
branch of Eknath s/o Tukaram Medhe. First validity is granted
in favour of Eknath on 2.6.2010. Perusal of the original files in
respect of Datta Machindra Medhe and Shrimant Narsing
Medhe shows that they have relied upon validity certificate
granted in favour of Eknath Shivaji Medhe. The Committee
observed that Eknath Shivaji Medhe while prosecuting his
claim placed on record a document depicting caste of Eknath
Tukaram Medhe in form of so-called FIR of 1348 Fasli (1938
AD) that was registered with Muntajam Kotwali Station House,
Jalkot, Tq. Devni District Shamirpeth. The Committee while
appreciating said document observed that said document was
considered by this Court in Writ Petition No.4297 of 2007 with
Civil Application no.4943 of 2010 and report of inquiry was
solicited from Principal District and Sessions Judge, Udgir
wherein it is recorded that such document was manipulated.
Similarly, the Committee had relied upon validity granted in
favour of one Vishnu Rambhau Kale, who is not in blood
relative of Eknath Shivaji Medhe. The Committee has,
therefore, discarded validity of Eknath from consideration in
the present matter. So far as validity granted in favour of Datta
Machindra Medhe and Shrimant Narsing Medhe, the
committee has specifically observed that the certificates are
issued without following due process of law. We have also
perused the original files leading to validity in favour of Datta
and Shrimant. We find that cyclostyle orders have been passed
by the Committee. Similarly, both have relied upon the validity
granted in favour of Eknath Shivajirao Medhe. We have
perused the document of 1956 in the form of Khasara Pahani
5 WP 12594.22 final.odt
Patrak in the name of Eknath s/o Tukaram Medhe. It can be
clearly seen by naked eyes that caste "Mahadev Koli" has been
inserted lateron.
8. In view of the aforesaid observations, we do not
find any fault in the approach of committee in discarding
previous validities issued to petitioner's blood
relatives/relations.
9. The documentary evidence collected during the
course of vigilance in respect of blood relations of the
petitioner show that entry in admission register in the name of
petitioner's father recorded in the year 1968 depicts his caste
as "Koli". No other document either of pre-constitutional
period or in the vicinity of the presidential order is brought to
our notice by which the petitioner's claim can be positively
ascertained. The school register entry in respect of the
petitioner's father at Dr. Ambedkar Vidya Mandir, Latur shows
caste as 'Hindu Maratha', which appears to be subsequently
corrected as "Mahadev Koli" without following the procedure
under Secondary School Code. No explanation is available
with the petitioner regarding such entry.
10. For the aforesaid reasons, we do not find merit in
the writ petition. Hence, writ petition stands dismissed. Rule
discharged.
( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. )
aaa/- (F) ....
