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MANGESH S. PATIL, SHAILESH P. BRAHME
Shubham – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
SHAILESH P.BRAHME, J. - Heard these matters for final disposal with the consent and assistance of learned Counsel for the parties.
1.1 The petitioners in both the petitions, are siblings and sons of Shankarrao Koneri. Their caste claim was invalidated by common judgment and order dtd. 11/08/2022, which is under challenge in these petitions. All facts and circumstances are identical, therefore both the petitions are being decided by this common order.
2. The petitioners are relying upon the validity certificates issued in favour of their father-Shankarrao, cousin uncle-Hanmant, cousin brothers Vedant and Sandeep. They are further relying upon the orders of the Scrutiny Committee passed in the matters of validity holders, the vigilance enquiry reports, school entries, affidavits, genealogy and the order dtd. 28/1/2022 passed by the High Court in writ petition 668/2022 in the matter of Vedant Baliram Koneri Vs. State of Maharashtra.
3. The learned AGP supports impugned judgment and order. According to him, the Scrutiny Committee rightly considered the contrary entries and relied upon the vigilance enquiry report. The Scrutiny Committee took into consideration the caste sho
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.
Caste validity certificates for blood relatives must yield consistent outcomes when granted following due process, emphasizing the necessity of coherent assessments in caste claims.
Caste validity certificates for Scheduled Tribes must consider familial ties; invalidation of relatives' certificates affects related claims.
Scrutiny Committee must decide validity of caste certificates by speaking orders.
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.
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....
The court emphasized the need for concrete evidence and vigilance inquiry before rejecting a caste claim based on a blood relative's validity certificate.
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