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982-WP-1059-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

982 WRIT PETITION NO. 1059 OF 2022

SATYANARAYAN LAXMANRAO ANDELWAR

VERSUS

THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE

THROUGH ITS MEMEBR SECRETARY

...

Advocate for Petitioner : Mr. Ajay S. Deshpande

AGP for Respondent: Mr. S.P. Tiwari

…

CORAM : S. V. GANGAPURWALA AND

S. G. DIGE, JJ.

DATE : 27^th JANUARY, 2022

PER COURT :-

1.

The caste claim of the petitioner as belonging to “Mannervarlu” is

invalidated.

2.

The learned counsel for the petitioner submits that caste claim of

the petitioner is invalidated basically on the ground that earlier the caste

claim of one real brother and real sister was invalidated and the same

was suppressed by the petitioner. The learned counsel for the petitioner

submits that when the caste claim of real brother of the petitioner was

invalidated, the petitioner was not even born and caste claim of one

sister Savita was invalidated in the year 1997, the petitioner was two

years old. The petitioner has lost his father in the year 2005. If

opportunity would have given to the petitioner, the petitioner could

have explained the said fact, however, the Committee failed to consider

that subsequently two real sisters of petitioner, namely Jyoti and

Saraswati are issued with validity certificates after conducting vigilance.

The said issue is not considered by the Committee. The learned counsel

for petitioner submits that even old Pahani Patrak of the year 1353 Fasli

was placed on record, therein against name of ancestors of the petitioner

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caste was recorded as Mannerwarlu. The Committee has concluded that

the same is forged document on the basis of letter of the Tahsildar that

said document is not traceable and therefore the conclusion has been

drawn by the Committee on assumption. The petitioner has placed

certified copy of the same before it, which is obtained in the year 2018.

3.

The learned AGP for respondent- State submits that invalidation

of the caste claim of the real brother of the petitioner is even upheld by

the Judgment of this Court and in the Supreme Court. The SLP was

withdrawn. According to learned AGP, consistent contra entries are

there. The validities are obtained by suppressing invalidation of

Shriniwas and Savita.

4.

The contention of the petitioner it appears is that petitioner was

not aware about the invalidation of his real brother Shriniwas and

Savita.

5.

The document of Pahani patrak of 1353 Fasli equivalent to 1943 if

it is genuine, the same will have more probative value being pre-

constitutional document. However, genuineness of the same will have

to be considered by the Committee. Considering the matter pertains to

social status of the family of the petitioner, we give one more

opportunity to the petitioner. In the result, we pass the following order:

ORDER

(i)

The impugned order is set aside. The parties are

relegated before the Committee.

(ii)

The petitioner shall appear before the Committee on

31^st January, 2022 and may putforth his stand with

regard to invalidation of the caste claim of real

brother Shriniwas and real sister Savita so also may

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place on record the fresh certified copy of Pahani

Patrak of 1353 Fasli relied upon by the petitioner.

(iii)

If petitioner places on record the fresh certified copy

of the Pahani Patrak obtained from the competent

authority then the Committee may direct the

vigilance in respect of the said document afresh.

(iv)

Considering that the petitioner is seeking admission

to postgraduate course the Committee may, if

possible, endeavour to decide the proceeding by 7^th

February, 2022.

6.

Writ Petition is disposed of. No costs.

( S.G. DIGE )

( S.V. GANGAPURWALA )

JUDGE

JUDGE

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