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SUNIL B. SHUKRE, G. A. SANAP
Arya Vaibhav Umbarje – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
S.B.SHUKRE, J. - Heard.
2. Rule. Rule made returnable forthwith and heard finally by consent of parties.
3. Although there are several validities existing in the Petitioner's paternal family, she submitted two validity certificates to the Scrutiny Committee. They were the validities issued to Nilappa Mandleshwar Umbarje on 7/1/2010 and Rutvik Ramchandra Umbarje issued on 10/3/2014 by Committee at Pune.
4. The Scrutiny Committee, however, found that those validities issued earlier were based upon unreliable and untrustworthy school entries of some of the paternal relatives of those holders of the validity. The Scrutiny Committee did acknowledge the fact that the school record containing those entries, which had formed the foundation of the validity certificates issued to Nilappa and Rutvik was of the period prior to 1950, but, as there was a report dtd. 11/9/2019 of Education Officer of Zilla Parishad Primary School, which holds that the record of the school containing those entries was of doubtful nature, the Scrutiny Committee rejected the said validity certificates. With such reasoning, the Scrutiny Committee concluded that the earlier validities issued to Nilappa and Rut
The main legal point established in the judgment is the binding nature of final judgments, the conclusive proof of social status based on paternal relations, and the principle of consanguinity.
The court emphasized the importance of adhering to settled legal principles and the principles of appreciating the evidence in determining the validity of tribe certificates.
The Scrutiny Committee cannot invalidate tribe validity certificates of blood relatives without evidence of fraud or jurisdictional issues; valid certificates must be accepted to ensure consistency a....
Scrutiny Committee must decide validity of caste certificates by speaking orders.
The main legal point established in the judgment is that the Caste Scrutiny Committee has no powers to review its own orders granting caste validity certificates and that the legislature consciously ....
Scrutiny Committee cannot discard validity certificates of close blood relatives issued without Vigilance enquiry if prior Committee consciously decided no referral after documentary satisfaction; am....
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