Gayatri D/O Govind Kalyanpad v. The State Of Maharashtra Thr. Principal Secretary Urban Development Dept. And ORS

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2022.11.17 19:25:10 +0530 PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9330 OF 2018 WITH INTERIM APPLICATION NO.19089 OF 2022 Gayatri d/o Govind Kalyanpad

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

---- Mr. S. B. Talekar with Ms. Madhavi Ayyapan i/b. Talekar & Associates for the Petitioner.

Mrs. P.G. Gavhane, AGP for State/Respondent Nos.1 & 2. Mr. Sameer Khedekar for Respondent No.3.

---- CORAM : S.V. GANGAPURWALA & S.G. DIGE, JJ.

DATE : 17 NOVEMBER 2022 P.C:- 1.

The caste claim of the petitioner as belonging to Mannerwarlu Scheduled Tribe is invalidated.

2.

The learned counsel for the petitioner submits that the father of the petitioner namely Govind is issued with the Validity Certificate of Mannerwarlu Scheduled Tribe community. The real paternal uncle of the petitioner namely Pandurang is also issued with the Validity Certificate by the Committee. The learned counsel submits that the daughter of the real uncle of the petitioner namely Supriya, daughter of Vitthal is also issued with the Validity Certificate. The other paternal cousins namely Mayuri, daughter of Shriram and Aniket, son of Shriram are issued with the Validity

Certificates under the orders of this Court in the writ petitions filed by them.

3.

There are voluminous documents relied upon by the petitioner. These documents were subject matter of consideration when the validity was issued to the father of the petitioner, uncle of the petitioner and other paternal relatives. The learned counsel for the petitioner submits that the affinity is not the litmus test. Reliance is placed on the judgment of the Supreme Court in Anand v/s. Committee for Scrutiny and Verification of Tribe Claims and Ors., (2012) 1 SCC 113. The learned counsel also relies upon the judgment of the Division Bench in case of Apoorva Vinay Nichale v/ s. Divisional Caste Certificate Scrutiny Committee No.1 and others, 2010(6) Mh. L.J. 401.

4.

The learned AGP submits that the school record of the uncle of the petitioner was Mannurwar. The same was corrected as Mannerwarlu. The original record could not have been corrected illegally. It is further submitted that the school record of Namdeo Mashnaji also records the caste as Mannurwar. These are the contradictions on record which the Committee has considered. The petitioner failed in the affinity test. The petitioner does not belong to the area where the Mannerwarlu Scheduled Tribe community people reside.

5.

We have considered the submissions. We have gone through the judgments. In fact, in the genealogy presented before the committee, Namdeo is not shown as a son of Mashnaji. Even in

the chart, Namdeo, son of Mashnaji is only referred to as "bhavki". No exact relationship is spelt out.

6.

It is submitted that the school record of the uncle of the petitioner namely Vitthal was corrected under the orders of the Education Officer.

7.

The father and the real uncle of the petitioner are issued with the validity certificates. It is submitted by the learned counsel for the petitioner that all these entries are also subject matter of consideration when the validity was issued to them. Mayuri and Aniket are also issued with the Validity Certificates under the orders passed by this Court in the writ petitions.

8.

The petitioner has relied upon the following documents:- Sr.

No Name of School Admission Sr. No.

Name of Student Relationship with the Applicant Entry of Caste Date of Admission/ Registration Remark 1 Z. P. K. Pri. School, Ambulga, 1/1026 Pandurang Mannerwarlu Dt. of Birth 03/06/1984 05/07/1990 2 Z. P. K. Pri. School, Ambulga, 01/1751 Kalyanpad Ku.Shobhata i Babarao sister Mannerwarlu Dt. of Birth 20/02/1983 04/07/1988 3 Z. P. K. Pri. School, Ambulga, 01/812 Sarubai Mannerwarlu Dt. of Birth 05/07/1983 11/07/1989 4 Z. P. K. Pri. School, Ambulga, 02/602 Poonam Manohar Father's cousin sister Mannerwarlu Dt. of Birth 01/05/1993 14/06/1999 5 Z. P. K. Pri. School, Ambulga, 02/894 Pratibha Manohar Father's cousin sister Mannerwarlu Dt. of Birth 07/07/1995 02/07/2001

6 Z. P. K. Pri. School, Ambulga, 02/1035 Kalyanpad Prasad Manohar Father's cousin Mannerwarlu Dt. of Birth 16/05/1997 23/06/2009 7 Z. P. K. Pri. School, Ambulga, 02/201 Pravin Manohar Father's cousin Mannerwarlu Dt. of Birth 11/09/1999 01/07/2003 8 Z. P. K. Pri. School, Ambulga, 01/1026 Kalyanpad Pandurang Mannerwarlu Dt. of Birth 03/06/1984 05/07/1996 9 Z. P. K. Pri. School, Ambulga, 1/43/522 Kalyanpad Govind Father Mannerwarlu Dt. of Birth 08/07/1969 20/07/1975 10 Z. P. K. Pri. School, Ambulga, 01/80/70 Vitthal Mannerwarlu Dt. of Birth 08/07/1969 20/07/1975 The said full entry is at the foot of the register and it is seen that in Entry No, 180/708 as well as entry no.

181/708, the entry no.

180/708 is made and it is written in different ink.

11 Z. P. K. Pri. School, Ambulga, 01/136/ Padminbai sister Mannerwarlu Dt. of Birth 06/07/1974 09/07/1980 12 Z. P. K. Pri. School, Ambulga, 01/362 Gopal Mannerwarlu Dt. of Birth 01/02/1978 01/07/1983 13 Shanti Niketan Vidyalaya 01/434 Vyankat Marotirao 'Bhavki' (i.e.

Kinsmen) Munnurwad Mannerwarlu Dt. of Birth 29/02/1968 11/06/1979 No. 72 A Miscellan -eous Certificat e of Mannerwarlu Caste 'Ka.' '

P'

3462 '

T.'

'Ka."

Mukhed

22/08/7 9 '

A' '

Sha'

'Ki' '

Vi'

Ambulga C. No.

05/09/7 14 Shanti Niketan Vidyalaya 01/532 Page containing Name, is tattered Father Mannerwarlu Dt. of Birth 10/01/1972 19/06/1982 Page containin g Full name of the student, is tattered.

15 Shanti Niketan Vidyalaya 01/468 Vitthal Munnurwad Mannerwarlu Dt. of Birth 10/01/1972 19/06/1982 As per O.No. '

Pi'

"P' '

No'

'Shi' '

A'

'Ma'

4/8283/8449 5, dt.

26/09/1 982, Mannerw arlu is written in red ink and C.O.

has affixed signature .

5/592 Namdeo Mashnaji 16 Z.P. High School , Jahur, 'Bhavki' (i.e.

kinsmen) Munnurwad Dt. of Birth 06/05/1954 06/07/1971 9.

In the light of the above, we pass the following order:-

ORDER

i.

The impugned order is set aside.

ii.

The Committee shall issue Validity Certificate to the petitioner of Mannerwarlu Scheduled Tribe.

iii.

In case the judgment in Writ Petition No.10490 of 2017 dated 03 October, 2017 at the principal seat at Bombay is reviewed, the present judgment shall be subject to the same. iv.

Writ petition is disposed of.

iv.

In view of disposal of the writ petition, interim application is also disposed of.

(S.G. DIGE, J.) (S.V. GANGAPURWALA, J.)