High Court · 2024
Legal Reasoning
(1) wp-14812-2021.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO.14812 OF 2021Vaishnavi d/o Sanjay PawarAge- 19 years, Occ. Student,R/o Kamgar Colony, Chikalthana,Aurangabad, Tq. & Dist. Aurangabad...PetitionerVersus1.The State of MaharashtraDepartment of Tribal Development,Mantralaya, Mumbai-32.Through its Secretary.2.The Scheduled Tribe Certificate ScrutinyCommittee, Aurangabad Division, Aurangabad,Through its Member Secretary...Respondents …Mr. S. C. Yeramwar, Advocate for the Petitioner.Mr. N. S. Tekale, AGP for Respondent Nos.1 and 2. …WITHCIVIL APPLICATION NO.2520 OF 2022INWRIT PETITION NO.14812 OF 2021Mr. Parmeshwar Bhagwan Khokle,Age: 44 years, Occ. Secretary,Original for Rights of TribalR/o. Flat No.11, Vadesev Appt.Sutgirini Chowk, Garkheda,Aurangabad...ApplicantVersus1.The State of MaharashtraDepartment of Tribal Development,Mantralaya, Mumbai-32.Through its Secretary.2.The Scheduled Tribe Certificate ScrutinyCommittee, Aurangabad,Through its Deputy Director (R).3.The Commissioner and Competent Authority,State CET Cell, Maharashtra State, Mumbai(Controller of Admission Process)8th Floor, New Excelsior Building, A.K. Nayak Road,Fort, Mumbai- 1.
Legal Reasoning
(2) wp-14812-2021.odt4.Vaishnavi d/o Sanjay PawarAge- Major, Occ. Student,R/o. ..Respondents …Mr. S. N. Lale Yelwatkar, Advocate for the Applicant.Mr. N. S. Tekale, AGP for Respondent Nos.1 to 3.Mr. S. C. Yeramwar, Advocate for Respondent No.4. … CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ.JUDGMENT RESERVED ON :- 23rd JANUARY 2024.JUDGMENT PRONOUNCED ON :- 02nd FEBRUARY 2024.JUDGMENT (Per: S. G. Chapalgaonkar, J.):- 1.Rule. Rule made returnable forthwith. With theconsent of the parties, matter is taken up for final hearing at the stageof admission.2.The petitioner approaches this Court under Article 226 ofthe Constitution of India impugning order dated 18.03.2016 passed byrespondent no.2-Scheduled Tribe Certificate Scrutiny Committee,Aurangabad invalidating her tribe claim as belonging to ‘Thakur’,Scheduled Tribe and seeks declaration to hold that the petitionerbelongs to ‘Thakur’, Scheduled Tribe.3.Mr. Yeramwar, learned Advocate appearing for thepetitioner submits that the petitioner belongs to ‘Thakur’, ScheduledTribe. The Competent Authority i.e. Sub Divisional Officer,Aurangabad issued caste certificate to the petitioner for ‘Thakur’,Scheduled Tribe. While petitioner was prosecuting her studies, hertribe certificate is referred to respondent no.2-Committee, which hasbeen duly supported by the affidavit containing genealogy in Form-Fand certificates of validity issued in favour of her father and real uncle.The proposal of the petitioner was referred to vigilance cell. Onconclusion of the vigilance enquiry, the report was submitted to theCommittee on 07.08.2020, which was served upon the petitioner (3) wp-14812-2021.odtalongwith show cause notice dated 20.08.2021. The petitioner appearedbefore the Committee and submitted detail reply controverting adverseremarks in the vigilance report. However, the Committee erroneouslyinvalidated the caste claim of the petitioner.4.Mr. Tekale, learned AGP appearing for respondent nos.1and 2 supports the order of the Committee. He would submit thatalthough father and real uncle of the petitioner have been bestowedwith the tribe validity certificates, those are obtained by suppressingcontra entries. The school record of the petitioner’s grandfather namelyFakirchand Runjaji Pawar has been manipulated. The schooladmission entry in the original register records his caste as ‘Maratha’.However, subsequently the manipulated entries are inserted in thesame register at different serial numbers indicating caste as ‘Thakur’.He would submit that the Committee recorded adequate reasons whiledeclining to rely on the validity granted in favour of blood relations ofthe petitioner and passed order thereby invalidating petitioner’s tribeclaim.5.We have considered submissions of learned Advocateappearing for the respective parties and perused the original filereceived from the Committee pertaining to the tribe claim of thepetitioner as well as other blood relatives. This Court had calledoriginal school admission register from Headmaster, MahanagarpalikaPrathamik Shala va Madhyamik Vidyalaya at Chikalthana,Aurangabad to find out the correctness of entry as regards to thepetitioner’s grandfather i.e. Fakirchand Runjaji Pawar after noting thatthe school record certified by the Headmaster shows conflicting entriesas regards to the caste. The Headmaster of the school personallypresented himself alongwith original school admission register and wehad advantage of looking to the original record. Apparently, thepetitioner relies upon the school record of her grandfather i.e. (4) wp-14812-2021.odtFakirchand Runjaji Pawar, wherein the caste is entered as ‘Thakur’.The entry relied upon by the petitioner is at serial no.17/239 in schooladmission register. However, as per the document collected by theVigilance Officer the entry of same name appearing at serial no.160records caste as ‘Maratha’. We have perused original record presentedby the Headmaster in pursuance of the order dated 16.10.2023 passedby this Court. The original register records entry with serial numbers,names, caste, date of admission, date of birth, the class of admission,year of admission etc.. The serial no.160 in the said register recordsname Fakirchand Runjaji Pawar. The caste is mentioned as ‘Maratha’.The date of admission is mentioned as 22.06.1955. The date of birthappeared to be corrected later on in red ink. However, there is nomanipulation or correction as regards to the entry of caste. The sameregister continues the entries of names upto serial no.557, where, thereis remark that the entries in the old register carried forward (tqU;kjftLVjojhy mrkjk ufou jftLVjoj ?ksryk vkgs). On next page at serial no.239 thereis one entry in the name of Fakirchand Runjaji Pawar, which recordsdate of admission as 22.06.1955. The caste is mentioned as ‘Thakur’.The date of birth is mentioned as 27.03.1948. It is, therefore, evidentthat in one and the same register, original entries are continued uptocertain serial numbers i.e. 558 and thereafter, the entries are carriedforward from the old register. The Headmaster presented anotherregister in respect of cousin grandfather of the petitioner i.e. ShankarRunjaji Pawar. The entry is at serial no.212/549, which is dated12.08.1963. The caste is mentioned as ‘Maratha’. We cannot drawdefinite conclusion on the basis of aforesaid School record. However,certainly contra entry in school record regarding Shankar Pawar can beobserved.6.The petitioner further relies upon the caste validity issuedin favour of Kailas Fakirchand Pawar i.e. grandfather, which has been (5) wp-14812-2021.odtgranted vide order dated 23.06.2011. We have perused original claimfile of Kailas, it appears that now the Committee has issued him a showcause notice dated 07.01.2022. Perusal of the documents in said fileshows that the Committee relied upon the validity granted in favour ofblood relatives of Kailas Fakirchand Pawar and passed (cyclostyle)order wherein blank spaces are filled in by pen. No other materialappears to have considered observing that many blood relatives of thepetitioner are issued validity under orders of this Court. It appearsthat, school register entry of kailas depicting caste as ‘Thakur’ is relied.However, on perusal of record, we found it to be suspicious andunreliable. 7.The petitioner further relies upon the validity granted infavour of his father i.e. Sanjay Fakirchand Pawar as per order of thiscourt dated 09.05.2014 in Writ Petition No.124/2008. Further, realuncle of the petitioner has received validity under order of this Courtand said decision is not challenged. Pertinently, while granting validityin favour of the petitioner’s father, validity granted in favour ofpetitioner’s uncle dated 09.08.2011 has been relied upon. Therefore,claim of the petitioner largely depends on the validity granted in favourof her father and real uncle. 8.The Committee while invalidating caste claim of thepetitioner observed that there are many contra entries in bloodrelations of the petitioner including school admission entry in the nameof her grandfather dated 22.06.1955. The Committee has furtherobserved that the validity granted to Kailas Fakirchand Pawar i.e.uncle of the petitioner is during the regime of Mr. V. S. Patil underwhose Chairmanship many irregularities were found and Governmentwas pleased to issue directions to review such certificates. Although,Committee has recorded certain adverse remarks pertaining to thevalidity granted in favour of petitioners father and real uncle and also (6) wp-14812-2021.odtissued show cause notices to them, considering law laid down by theSupreme Court of India in case of Apoorva d/o Vinay Nichale Vs.Divisional Caste Scrutiny Committee and Ors.1, we deemed itappropriate to set aside the impugned order passed by the Committeeand direct issuance of caste validity certificate to the petitioner, whichshall be subject to the result of enquiry initiated by the Committee inrespect of validity certificates issued in favour of her father and realuncle. Hence, we proceed to pass following order:-ORDERa.Writ Petition is partly allowed.b.The impugned order dated 18.03.2016 passed by respondentno.2-Scheduled Tribe Certificate Scrutiny Committee, Aurangabad ishereby quashed and set aside.c.The respondent no.2-Committee is directed to issue castevalidity certificate in favour of the petitioner as belonging to ‘Thakur’,Scheduled Tribe, which shall be subject to the result of enquiry /proceeding initiate in respect of validity granted in favour of uncle i.e.Kailas Fakirchand Pawar and father i.e. Sanjay Fakirchand Pawar.d.Rule is made absolute in above terms.e.Writ Petition is disposed of. f.In view of disposal of Writ Petition, the present CivilApplication is also disposed of.(S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI) JUDGE JUDGEDevendra/February-202412010 (6) Mh.L.J. 401.