Bombay High Court
Sujal Ashok Gadge And Another vs The State Of Maharashtra Through Its ... on 2 September, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:20255-DB
51 WP 9367 OF 2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
51 WRIT PETITION NO. 9367 OF 2024
1) Sujal s/o Ashok Gadge,
Age 18 years, Occ. Student.
2) Sneha d/o Yashwant Gadge,
Age 20 years,Occ. Student.
Both r/o. Gandhi Chowk, Biloli,
Tq. Biloli, Dist. Nanded. ... Petitionets
VERSUS
1) The State of Maharashtra
2) The Scheduled Tribe Certificate
Verification Commitee Kinwat,
having its head office
at Chhatrapati Sambhajinagar. ... Respondents
Advocate for Petitioner : Mr. Boinwad Omgashad B.
A.G.P. for Respondent Nos. 1& 2 : Mrs. S.S. Joshi
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 02.09.2024
PER COURT :
The petitioners, who are cousins, are challenging the common
judgment and order whereby the respondent-scrutiny committee has refused
to validate their 'Koli Mahadev' scheduled tribe certificates.
2. We have heard both the sides finally in the light of the urgency being
demonstrated by the petitioners.
3. Without indulging into threadbare scrutiny of the merits of the matter
it would suffice to note that admittedly, there are number of validities in the
family issued over a period of time. Even if the committee has now made
certain observations touching the manner in which those were obtained,
admittedly, Sunil Gangaram Gadage was granted a clear certificate of
validity pursuant to the orders of this Court in Writ Petition No. 4504/2002,
51 WP 9367 OF 2024.odt
by the judgment and order dated 05.05.2015.
4. Independently, in different proceedings pursuant to the orders of this
Court, subsequently eight individuals related to the petitioners by blood
were issued with certificates of validity.
5. Needless to state that since the social status is defined in the peculiar
manner, depending upon the validity possessed by an individual from the
paternal side blood relationship, when Sunil Gangaram Ghadge, whose
validity is expressly referred to by the committee in the impugned judgment
and order has received blanket validity, the overenthusiasm of the
committee in seeking to take exceptions to some of the other validities on
the ground that those were obtained by suppressing contradictory evidence
is of no consequence. Everything would depend upon the decision in the
matter of Sunil Gangaram Gadge, till the time his validity is in existence,
pursuant to the orders of this Court, the exercise sought to be undertaken by
the committee to inquire into the fraud practised by some other individuals
from the family would be inconsequential.
6. The committee, for the reasons best known to it has not even
considered this aspect of the matter albeit referred to the validity of Sunil
Gangaram Gadge.
7. The writ petition is allowed partly.
8. The impugned judgment and order is quashed and set aside. The
respondent no. 2-committee shall immediately issue certificates of validity to
the petitioners of 'Koli Mahadev' scheduled tribe, which shall be coterminous
with the validity of Sunil Gangaram Gadge.
9. The petitioner shall not be entitled to claim equities.
( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.)
mkd/-
