Bombay High Court
Pooja Dnyandev Damale vs The State Of Maharashtra Through ... on 12 February, 2025
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2025:BHC-AUG:5268-DB
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9997 OF 2023
Rahul s/o Suresh Damale,
Age-29 years, Occu-Education,
R/o Pimpalgaon Fungi, Taluka
Rahuri, Dist. Ahmednagar -- PETITIONER
VERSUS
1. The State of Maharashtra,
Through Secretary,
Department of Tribal Development,
Mantralaya, Mumbai - 32,
2. Scheduled Tribes Certificate
Scrutiny Committee,
Nashik Division, Nashik-2,
Through its Member Secretary -- RESPONDENTS
WITH
WRIT PETITION NO.10040 OF 2023
Pooja d/o Dnyandev Damale,
Age-30 years, Occu-Household,
R/o Borawake Nagar, Shrirampur,
Taluka Shrirampur,
District : Ahmednagar -- PETITIONER
VERSUS
1. The State of Maharashtra,
Through Secretary,
Department of Tribal Development,
Mantralaya, Mumbai - 32,
2. Scheduled Tribes Certificate
Scrutiny Committee,
khs/Feb.2025/9997
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Nashik Division, Nashik-2,
Through its Member Secretary -- RESPONDENTS
Mr.D.D.Choudhari, Advocate for the petitioners.
Ms.S.S.Joshi, AGP for the respondents/State in both petitions.
( CORAM : MANGESH S. PATIL AND
PRAFULLA S. KHUBALKAR, JJ. )
DATE : FEBRUARY 12, 2025
ORAL JUDGMENT : (Per Prafulla S.Khubalkar, J.)
1. Heard learned Advocates for respective sides. Rule. Rule
made returnable forthwith and heard finally by consent of the parties.
2. The petitioners have challenged the common order dated
24.01.2023 passed by respondent No.2/Scrutiny Committee
invalidating their claim for 'Koli Mahadev' Scheduled Tribe.
3. The Committee has invalidated the claims by observing
that the petitioners have failed to establish their claim on the basis of
documentary evidence as well as on account of failure to prove affinity
with 'Koli Mahadev' Scheduled Tribe. The learned Advocate
Mr.Choudhari for the petitioners has vehemently submitted that on the
strength of documentary evidence, the claims submitted before the
Committee, ought to have been validated. He has relied upon the
validity certificates in favour of close relatives of the petitioners, mainly
validity certificate dtd.18.09.2023 of Shashikant Damale who is cousin
brother of petitioner. He has submitted that the Committee has
adopted a perverse approach while considering the validities of close
blood relatives and in absence of any fraud being established, the
validity certificates are wrongly discarded.
4. Ms.S.S.Joshi, the learned AGP for respondent Nos. 1 and 2
has supported the impugned order and submitted that reliance upon
validities of Shashikant and others is misplaced since the validity
certificates were granted without considering the other relevant
documents of their family members. She has submitted that although
validity was granted to Shashikant Damale, however, the same was
without elaborate enquiry through Vigilance Cell. It is also submitted
that the petitioners have even failed to establish any ethnic linkage with
'Koli Mahadev' Scheduled Tribe and therefore the Committee has rightly
invalidated their claims on both counts.
5. We have considered the rival submissions and perused the
original record in the matter of Shashikant Pandurang Damale, as made
available by the Scrutiny Committee.
6. The record in the matter of Shashikant reveals that a
Vigilance Cell enquiry was conducted and on the basis of Vigilance
Report dated 01.08.2003 and other documents relied upon by him, a
reasoned order was passed in his matter validating his claim. It is to be
noted that the Vigilance Enquiry was elaborate which even considered
the revenue record in the nature of 7/12 extract of Shashikant's
grandfather Baburao Malhari Damale, amongst other documents.
7. The relationship of petitioners with Shashikant Damale is
not disputed being paternal cousin brother. In view of the fact that
validity of Shashikant was granted after due procedure, the reasons
mentioned by the Committee to discard his validity are erroneous.
Although, the learned AGP has submitted that the validities to
petitioners' blood relatives were granted without considering the
documents showing contrary entries, the fact remains that those
validities are in force and no fraud is yet proved. The petitioners are
entitled to derive benefits of these validity certificates, however, subject
to any further decision in case the validities are re-opened.
8. In view of the position of Law as laid down in the matter of
Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. The State of
Maharashtra and Others, Civil Appeal No.2502/2022 (AIR 2023 SC
1657 = (2023) 3 S.C.R. 1100), the scope of enquiry is compliance with
due procedure while issuing validity certificates to blood relatives.
Since validity was granted to Shashikant by following due procedure,
the petitioners being his cousin brother and sister, are entitled for
validation of their claims.
9. In view of the judgment in the matter of Shweta Balaji
Isankar Vs. State of Maharashtra and others [2018 SCC Online Bombay
10363], the petitioners are entitled for grant of validity certificates,
however, subject to decision of the validities, which the Committee may
re-open. Hence, we pass the following order :-
[a] The writ petition is partly allowed.
[b] The impugned orders dated 24.01.2023 passed by respondent
No.2 / Scrutiny Committee are quashed and set aside.
[c] Respondent No.2 / Scrutiny Committee is directed to
immediately issue a validity certificates of 'Koli Mahadev', Scheduled
Tribe, in favour of the petitioners.
[d] The validity certificates to be issued to the petitioners, shall be
subject to the final outcome of the matters of validity holders, which
the Scrutiny Committee has decided to reopen.
[e] The petitioners shall not be entitled to claim equities.
[f] No order as to costs.
10. Rule is made absolute in the above terms.
( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)
