Bombay High Court
Vaibhav S/O Prakash Bokade vs The Schedule Tribe Caste Cert. Scrutiny ... on 19 January, 2024
Author: Avinash G. Gharote
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:852-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 6472 OF 2023
Vaibhav S/o Prakash Bokade,
Aged about 20 Years, Occ.-Student,
R/o at Sarmaspura, Tq. Achalpur,
District Amravati. PETITIONER
Versus
The Schedule Tribe Caste Certificate
Scrutiny Committee, through its
Member Secretary and Deputy
Director, Sanna Building, Opp. Govt.
Rest House, Camp Amravati-444 601. RESPONDENT
-----------------------------------------------
Mr. Ashwin Deshpande, Advocate for the Petitioner.
Mr. A.M. Joshi, AGP for the Respondent/State.
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CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ.
DATED : 19th JANUARY, 2024
ORAL JUDGMENT :- (PER : AVINASH G. GHAROTE, J.)
Mr. Deshpande, learned counsel for the petitioner, at
the outset, seeks to correct the date of the impugned decision of
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the Scrutiny Committee in prayer clause (i) & (iii) from
08.11.2022 to 03.11.2022. Leave is granted. Correction be
carried out forthwith.
2. Rule. Rule made returnable forthwith. Heard finally
by the consent of the learned counsels appearing for the rival
parties.
3. With the assistance of the learned counsels for the
parties we have gone through the record of the Scrutiny
Committee made available for our perusal by the learned AGP
for the respondent/State.
4. Mr. Deshpande, learned counsel for the petitioner,
contends that since there is no dispute regarding the
genealogical tree which is indicated in para 8(A) (page 52) of
the decision of the Scrutiny Committee out of which Kalpana
D/o Pundlikrao Bokade has been granted validity by this Court
in Writ Petition No. 811/2003 decided on 30.11.2015 on the
basis of which Rajesh S/o Pundlikrao Bokade also has been
granted validity in Writ Petition No.2401/2002 decided on
24.04.2017, the reasons accorded by the learned Scrutiny
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Committee to reject the validity to the petitioner who is the
grandson of Pundlik from his son Prakash, are clearly not
justifiable.
5. The relationship as indicated in the genealogical
tree is not disputed. Even the Scrutiny Committee in its decision
dated 03.11.2022 (page 46) does not indicate any dispute
regarding the relationship as indicated by the genealogical tree.
The fact that Kalpana D/o Pundlikrao Bokade and Rajesh S/o
Pundlikrao Bokade have been granted validity as indicated
above is indicated by the copies of the judgments in those
petitions which have been tendered across the bar.
6. A perusal of the decision of the Scrutiny Committee
would indicate, that certain entries which record the Tribe as
'Koshti' have been taken into consideration which are later in
point of time and post independence in preference to the earlier
entries, were are pre independence. The list of entries is in para
5 of the decision in question. Serial No. 24 indicates, that
Bhagwan Sonba the great grandfather of the petitioner was
recorded as 'Halbi' which entry is of 03.07.1917, there is
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another entry in respect of the same person in the School
Admission Register dated 21.04.1921 which also records the
entry as 'Halbi'. The death certificate of Bhagwan Sonba dated
27.09.1942 also records the entry as 'Halbi'.
7. All these documents are pre independence and these
very documents were considered by the learned Division Bench
of this Court in Writ Petition No.811/2003 to render a finding
that the petitioner therein namely Ku. Kalapna Pundlikrao
Bokade belongs to 'Halbi', Scheduled Tribe. In light of what has
been held in par 4 of Writ Petition No.811/2003 and the fact
that the same pre independence documents are also extant in
the instant matter and specifically when the relationship is not
disputed, we do not see any reason why the Scrutiny Committee
has taken the different view by relying upon the documents of
post independence period. We, therefore, do not see any reason
to sustain the decision of the Scrutiny Committee dated
03.11.2022 (page 46), which is in direct contrast what has been
held by this Court in Writ Petition No. 811/2003 which is based
upon the same set of documents.
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8. In that light of the matter, the decision dated
03.11.2022 passed by the Scrutiny Committee, is hereby
quashed and set aside and the Scrutiny Committee is directed to
issue the validity certificate to the petitioner of belonging
'Halbi', Scheduled Tribe. The certificate be issued within a
period of two weeks' from today. Till such time, the petitioner
can claim benefit of belonging of Scheduled Tribe Halbi on the
basis of the present judgment.
9. The Petition is accordingly allowed.
10. Rule is made absolute in the above terms. No costs.
Record be returned back.
11. Pending applications, if any, shall stand disposed of
accordingly.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
S.D.Bhimte
Signed by: Mr.S.D.Bhimte
Designation: PA To Honourable Judge
Date: 22/01/2024 17:15:57
