Bombay High Court
Dnyaneshwar Sonerao Chittampale vs The State Of Maharashtra Through Its ... on 24 April, 2025
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2025:BHC-AUG:12490-DB
WP4385&87-07Mahadev
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4385 OF 2005
WITH
CIVIL APPLICATION NO. 7221 OF 2024
Dnyaneshwar s/o Sonerao Chittampale ... Petitioner
Age-Adult, Occu: Nil
R/o Talegaon Bori, Tq. & Dist. Latur
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Tribal Welfare Department,
Mantralaya, Mumbai
2. The Committee for Scrutiny and ... Respondents
Verification of Tribe Claims, Aurangabad
Through Its Member Secretary and
Deputy Director (Research)
3. The Collector, Latur
4. The Deputy Collector and Rehabilitation
Officer, Latur
5. The Superintendent of Police, Latur
6. The Principal,
Shri Chhatrapati Shivaji College,
Omerga, Dist. Osmanabad
7. The Joint Director of Higher Education
Padampura, Near Devgiri College,
Railway Station Road, Aurangabad
AND
Page 1 of 8
WP4385&87-07Mahadev
WRIT PETITION NO. 87 OF 2007
Dnyaneshwar s/o Sonerao Chittampale ... Petitioner
Age-Adult, Occu: Nil
R/o Talegaon Bori, Tq. & Dist. Latur
VERSUS
1. The State of Maharashtra,
Through its Principal Secretary,
Rural Development Department,
Mantralaya, Mumbai
2. The Committee for Scrutiny and ... Respondents
Verification of Tribe Claims, Aurangabad
Through Its Member Secretary and
Deputy Director (Research)
3. The Chief Executive Officer,
Zilla Parishad, Latur
Mr. A. S. Bayas, Advocate for the petitioners,
Ms. P. J. Bharad, AGP for Respondent Nos. 1 to 5 & 7/State
CORAM : MANGESH S. PATIL &
Y. G. KHOBRAGADE, JJ.
DATED : 24.04.2025
JUDGMENT (Per: Y. G. Khobragade, J.)
1. In Writ Petition No. 4385 of 2005, the Petitioner prays
for quashing and setting aside the order dated 23.09.2004, passed
by the Respondent no. 2 Scheduled Tribes Caste Scrutiny
Committee, Aurangabad, thereby invalidating "Koli Mahadev"
Scheduled Tribe claim of the petitioner.
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2. In Writ Petition No. 87 of 2007, the Petitioner prays for
issuance of writ of mandamus directing Respondent Nos. 1 & 3 to
issue provisional appointment order as Extension Officer
(Panchayat/General Administration) in Latur Zilla Parishad in
pursuance of selection letter dated 24.07.2006 subject to the result
in Writ Petition No. 4385 of 2005.
3. On 30th June, 2005, Rule was issued in Writ Petition No.
4385 of 2005 and by way of interim relief, the impugned order
dated 23.09.2004, passed by Respondent no. 2 has been stayed
with directions to consider the claim of the petitioner in
accordance with provisions of law and subject to final decision of
the petition. Writ Petition. 87 of 2007 is yet to be admitted.
Therefore, with consent of both the sides, both the petitions are
heard finally, since, fate of the latter petition is dependent on the
decision of the former petition.
4. We have considered the submissions of the learned
counsel appearing for the respective parties and perused the
petition paper books as well as original record of Respondent no. 2
Committee. The learned AGP strongly opposes the petitions.
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5. So far as Writ Petition No. 4385 of 2005 is concerned, the
Petitioner claimes that he belongs to "Koli Mahadev" Scheduled
Tribe. In the year 2003, he was selected for appointment in the
Police Department against the reserved category of Scheduled
Tribe. Therefore, his caste claim was referred for verification to the
Respondent no. 2 in the year 2003. The petitioner submitted
number of documents in support of his tribe claim including
School record of his father of 1956 and other documents
pertaining to his grandfather. The Vigilance Cell conducted
enquiry and submitted its report on 20.05.2003. As per Vigilance
Cell Report, the petitioner has established ethnical linkage and
affinity test with "Koli Mahadev" Scheduled tribe. Therefore, there
was no necessity to submit reply to the report. However, on
23.09.2004, Respondent no. 2 invalidated his scheduled tribe
claim.
6. The learned counsel appearing for the petitioner canvassed
that, during the pendency of present petition, tribe claim of Shri
Sopan Sonaji Chitampalle, the younger brother of the petitioner,
was decided by Respondent no. 2 Scrutiny Committee which
granted certificate of validity to him of "Koli Mahadev" Schedule
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Tribe. So also, pre-constitutional document, Mortgage Deed and
School record of the petitioner's father pertaining to 1956 reflect
"Koli Mahadev" Schedule tribe against caste column. The Vigilance
Cell Report discloses validity certificate of the petitioner's younger
brother Shri Sopan Sonaji Chitampalle. Therefore, impugned order
is illegal, bad in law, hence, prayed to quash set aside the same.
7. As per genealogical tree, Shri Limbaji Chittampale had one
Son Narayan. Shri Narayan Limbaji Chittampale had two sons
namely Shri Sonaji and Vyankat. Shri Sonaji is having three
daughters and two Sons namely Anuradha, Bhagirathi,
Dyaneshwar (present Petitioner) and Sopan. Shri Vyankat s/o
Narayan Chittampale was having two sons namely Dilip and
Kumar. Shri Kailash and Kiran are sons of Dilip Vyankat
Chittampale. On 02.04.2011, Respondent no. 2 granted validity
certificate of "Koli Mahadev" Schedule Tribe to Shri Sopan s/o
Sonaji Chittampale, the real younger brother of the petitioner. On
24.11.2008 and 05.06.2010, Respondent no. 2 granted validity
certificates of "Koli Mahadev" schedule tribe to Shri Kailash s/o
Dilip Chitampalle and Shri Kiran s/o Dilip Chittampale, who are
real cousins of the petitioner. The fact of granting validity
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certificate of "Koli Mahadev" Schedule tribe in favour of blood
relatives of the petitioner is not controverted on behalf of
Respondent no. 2.
8. Therefore, taking into consideration the law laid down
in cases of Mah. Adiwasi Thakur Jamat Swarakshan Samiti Vs.
State of Maharashtra & Ors.; AIR 2023 S.C. 1657 , Shweta Balaji
Isankar V/s. State of Maharashtra & Ors., 2018 SCC Online Bom.
10341,Apoorva Vinay Nichale-Vs- Divisional Caste Certificate
Scrutiny Committee No. 1 and Ors., [2010 (6) Mh. L. J. 401,
wherein it has been concluded that, when the biological father,
biological siblings, biological uncle etc., are granted validity
certificates, a candidate so related to them, cannot be deprived of
a validity certificate, the present petitioner is entitled to have a
certificate of validity.
09. In view of above discussion, writ petition no.4385 of
2005 deserves to be allowed and impugned order dated
23.09.2004 passed by Respondent no. 2 needs to be quashed and
set aside.
WP4385&87-07Mahadev
10. In regard to Writ Petition No. 87 of 2007, the
petitioner joined service with the Police Department in the year
2003 against the seat reserved for Scheduled Tribe category.
Thereafter his caste claim was referred for scrutiny to the Scrutiny
Committee in the year 2003. However, his caste claim was
invalidated by the Scrutiny Committee on 23.09.2004. Therefore,
he has filed Writ Petition 4385 of 2005 and during pendency of
said petition, he got selected to the post of Extension Officer with
Zilla Parishad Latur but no appointment order was issued in his
favour. Therefore, he has filed present petition and prayed for
issuance of writ of mandamus directing Respondent Nos. 1 & 3 to
issue him provisional appointment order as Extension Officer
(Panchayat/General Administration) in Latur Zilla Parishad in
pursuance of selection letter dated 24.07.2006 and subject to
result of Writ Petition No. 4385 of 2005. Since, we have
concluded that, the order of invalidation dated 23.09.2004, passed
by Respondent no. 2 Committee is liable to set aside,
consequently, writ petition no. 87 of 2007 deserves to be allowed.
Accordingly, we proceed to pass the following order:
WP4385&87-07Mahadev
::ORDER::
(i) Writ Petition Nos. 4385 of 2005 and 87 of 2007 are hereby
allowed.
(ii) The impugned order dated 23.09.2004 passed by the
Respondent no. 2 Committee which is under challenge in
writ petition 4385 of 2005 is hereby quash and set aside.
(iii) The Respondent No. 2/Committee shall immediately issue
Tribe validity certificate in favour of the petitioner as
belonging to '"Koli Mahadev" Schedule Tribe, which shall be
co-terminous with the validities which the Respondent
committee has decided to re-open.
iv) Civil Application No. 7221 of 2024 stand disposed off.
v) Respondent no. 3 in writ petition no. 87 of 2007 is hereby
directed to issue appointment order in favour of the
petitioner pursuant to his selection for the post of Extension
Officer (Panchayat/General Administration) as early as
possible.
Vi) Rule is made absolute accordingly. No order as to cost.
( Y. G. KHOBRAGADE, J. ) ( MANGESH S. PATIL, J. )
JPChavan
