Advocates:
['BOINWAD OMGASHAD B', 'COPY NOT SERVED ON GP', '', 'AGP', 'ADV M D NARWADKAR']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 7887 OF 2020

Ku. Suprita D/o Subhash Kaletwar

and others

... Petitioners.

Versus

The State of Maharashtra

and others

... Respondents.

....

Mr. S. M. Vibhute Advocate h/f Mr. O.B. Boinwad, Advocate for the

Petitioners.

Mr. K.N. Lokhande, Advocate for Respondent Nos. 1 and 2.

Mr. M.D. Narwadkar, Advocate for Respondent No.3.

….

CORAM : S.V. GANGAPURWALA AND

SHRIKANT D. KULKARNI, JJ.

DATE : 04^th DECEMBER, 2020

PER COURT:-

1.

The caste claim of the petitioners as belonging to ‘Mannervarlu’

is invalidated by the Committee. The learned counsel for the

petitioners submits that the father of the petitioner No.3 and the real

uncle of petitioner Nos. 1 and 2 namely; Shankar Kaletwar is given

validity of ‘Mannerwarlu’ Scheduled Tribe. The real uncle of the

petitioner nos. 1 and 2 namely; Ganpat Kaletwar is also issued with

the validity of ‘

Mannervarlu’ Scheduled Tribe. So also, the cousin

grandfather namely Maroti Degloorkar and cousin uncle of the

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petitioners namely; Ramesh Hanmanlu are issued with the validity

certificate of ‘Mannervarlu’ Scheduled Tribe. According to the learned

counsel for the petitioner, there are other family members issued with

the validity certificates. The vigilance was conducted in case of Maroti

Kaletwar and Ganpat Kaletwar. The learned counsel submits that the

committee has relied upon the record of persons unrelated to the

petitioners. Show cause notices are issued to the persons whose

validity certificate the petitioner relies.

2.

The learned AGP submits that the in the school record of the

relatives of the petitioner contra entries of ‘

Manner’ and ‘Munnervad’

are found and the same has been considered by the committee. The

committee has also considered that the petitioners have failed to

prove affinity test. The entry of caste in the school record of the

Maroti is found to be interpolated. The word ‘lu’ has been added

subsequently. The same is the position in respect of school record of

the cousin grandfather of the petitioners and of Subhash.

3.

We have considered the submissions, the relationship of the

petitioners and the validity holders relied by the petitioners are not

disputed. The validity is granted to the Maroti and Ganpat after

conducting the vigilance. Many entries relied by the petitioners, in the

order appears to have considered at the time of issuance of validity

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certificate to the relatives of the petitioners as referred to above. The

show cause notices are also issued. The affinity is not a litmus test as

held by the Hon’ble Apex Court in case of Anand Vs. Committe for

Scrutiny and Verification of Tribe claims and others reported in

(2012) 1 SCC 113.

4.

In the light of the above, we pass the following order.

5.

The impugned order is quashed and set aside. The committee

shall issue validity to the petitioners of ‘

Mannervarlu’ Scheduled

Tribe.

6.

The said validity certificate would be subject to decision that

would be taken by the committee in the proceedings reopened of the

validity holders relied by the petitioners.

7.

Writ Petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA )

JUDGE

JUDGE

S.P. Rane

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