Prasanna Bipin Sisodiya v. State Of Maharashtra Thr Its Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BASAVRAJ GURAPPA PATIL CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13651 OF 2022 BASAVRAJ GURAPPA PATIL Date: 2022.11.17 19:07:35 +0530 Prasanna Bipin Sisodiya ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. R. K. Mendadkar for the Petitioner Ms. S. S. Bhende, AGP for the State Mr. Sameer Khedekar for Respondent No.3

CORAM:

S.V.GANGAPURWALA & S.G. DIGE, JJ.

DATED :

NOVEMBER 17, 2022 P.C.

The caste claim of the Petitioner as belonging to Thakur, Scheduled Tribe is invalidated.

It is the contention of the Petitioner that all the school records since 1920 of the great-grandfather, grandfather, paternal uncle, uncle record caste as Thakur. No contra entry exists. Father of the Petitioner is issued with the validity certificate by the Scrutiny Committee. Real Uncle of the Petitioner viz. Sachin also issued with the validity certificate by the Committee. The children of Sachin viz. Samriddhi and Omkar also issued with the validity certificate of Thakur, Scheduled Tribe. The paternal cousin viz. Rajendrasingh 1/4

Pundliksingh Sisodiya had also applied for issuance of validity certificate. Same was invalidated. He filed Writ Petition No.4005 of 2012. The Division Bench of this Court at Aurangabad, under order dated 31st July 2017 allowed the Writ Petition by setting aside the judgment of the Committee and directed the Committee to issue validity certificate to him of Thakur, Scheduled Tribe. Ms. S. S. Bhende, the learned AGP submits that the Committee is intending to file an SLP against the judgment dated 31st July 2017 in Writ Petition No.4005 of 2012 filed by the paternal cousin of the Petitioner. The learned AGP further submits that the Petitioner has failed in affinity test. The Petitioner does not belong to the area where normally the persons of Thakur community reside. We have considered the submissions. We have also gone through the judgment.

The Petitioner has relied upon the following documents: Sr.

No.

Name of the students Caste / Sub Caste Admitted in school on Relation with the Applicant Anil Madan Sisodiya Thakur 29.7.1974 Cousin Uncle Chandrakant Vasantrao Sisodiya Hindu Thakur 26.07.1975 Cousin Uncle Jayant Madan Sisodiya Hindu Thakur 17.07.1977 Cousin Uncle Sadhna Hiralal Sisodiya Thakur 30.07.1977 Paternal Aunt Hiralal Rambhau Sisodiya Thakur 09.02.1940 Grandfather 2/4

Rama Aanaji Thakur Thakur 04.06.1920 Great Grandfather Madan Rambhau Shisode Thakur 01.07.1947 Cousin Grandfather Vasant Rambhau Shisode Thakur 11.03.1949 Cousin Grandfather Anil Madan Shisode Hindu Thakur Other Backward 23.10.1977 Cousin Uncle Prasanna Bipin Sisodiya Hindu Thakur 12.06.2006 Applicant Madan Rambhau Shisode H Thakur 13.06.1949 Blood relation with the Applicant Sachin Hiralal Shisodiya H Thakur 02.06.1976 Blood relation with the Applicant Perusal of the said documents, it appears that right since 1920 in the school record of the great-grandfather, grandfather and father of the Petitioner, caste is recorded as Thakur. The Committee has observed that in case of Aanaji, the entry is of Bhat. There is no other entry that can be said to be contra. Moreover, the father, real Uncle and other paternal cousins of the Petitioner are issued with the validity certificate of Thakur, Scheduled Tribe. In light of the above, we pass the following order. a.

The impugned judgment and order is quashed and set aside.

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b.

The Committee shall issue validity certificate of Thakur, Scheduled Tribe to the Petitioner, immediately. c.

In case the Committee prefers an SLP against the judgment dated 31st July 2017 in Writ Petition No.4005 of 2012 then the present judgment would be subject to the decision that would be taken by the apex court in the SLP that may be filed by the Committee.

d.

The Writ Petition is accordingly disposed of. No costs. (S.G. DIGE,J.) (S.V. GANGAPURWALA, J.) 4/4