Kalpana Waman Sadle v. The State Of Maharashtra Through Its Secretary And Another
2024:BHC-AUG:22013-DB 1 946.WP-7513-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD Writ Petition No. 7513 OF 2024 Kalpana Waman Sadle Age : 30 years, Occ. Student, R/o At Post Nalegoan, Tq. Chakur, Dist. Latur.
...Petitioner
Versus
1.
The State of Maharashtra, Trough its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.
2.
Scheduled Tribe Certificate Scrutiny Committee, Aurangabad.
...Respondents
_ _ _ Mr. Bayas Anandsingh Sangramsingh, Advocate for Petitioner. Mr. P.S. Patil, Addl.GP for Respondent/State. _ _ _ CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ..
DATE : 05 SEPTEMBER 2024 FINAL ORDER [Per: Shailesh P. Brahme, J.] :
.
Heard both sides finally considering exigency in the matter. 2.
The petitioner is aggrieved by the judgment and order dated 10.08.2022 passed by the Scrutiny Committee, confiscating and invalidating her tribe certificate of 'Koli Mahadev' Scheduled Tribe. She seeks to rely on the validity
2 946.WP-7513-2024.doc certificates of her real brother Umakant Sadle. She is further relying on the school record of Pitambar of 1955 and Fasle record of Bajirao. It is submitted that impugned judgment is discriminatory and arbitrary. It is perversity to overlook explanation tendered by the petitioner for the incompatible record pitted against her. It is submitted that in view of judgment of High Court in the matter of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and Ors., 2023 SCC Online SC 326, the validity should have been issued to her.
3.
Per contra, learned AGP Mr. Patil would oppose the submission of the petitioner. He tenders on record original papers of validity holder - Umakant. He would submit that the Committee has rightly rejected the tribe claim considering incompatible school record and bogus Fasli record which would amount to suppression of material facts and fraud. It is submitted that the Committee is justified in discarding Fasli record considering the statement of father of the petitioner. It is further submitted that there was no proper verification of documents and the validity issued to petitioner's father is not reliable one. He would submit that the school record of Pitambar of 1955 on which the reliance is placed has not been verified and it is being produced first time before the High Court. Lastly it is submitted that the petitioner is not entitled to any relief. 4.
We have considered submissions of the parties and also
3 946.WP-7513-2024.doc gone through the original papers. The petitioner's brother - Umakant was issued with validity certificate by the Committee after conducting vigilance inquiry. The vigilance report shows that the validity certificates of Kulbhushan and Anil are referred to and Fasli record of 1356 of Bajirao is relied on. The documents which were verified are as follows : (i) School record of Umakant/brother of claimant, of 1993 (ii) School record of Kalpana/present petitioner, of 1997 (iii) School record of Mahesh/brother of petitioner of 2000 5.
During the course of inquiry, following incompatible school record of blood relatives of the petitioner was disclosed : Sr.No. School name Student's name Relationship Caste Admission date Remark 1.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Lalita Jayvanta Sadle Cousin Paternal Aunt Koli 07.07.1965 2.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Shantabai Mahadu Sadle Cousin Paternal Aunt Koli 07.07.1965 3.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Balaji Mahadu Sadle Cousin Uncle Koli 13.07.1968 4.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Chabubai Narsing Sadle Cousin Paternal Aunt Koli 23.07.1968 5.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Navnath Narsing Sadle Cousin Uncle Koli 16.06.1969 6.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Shivaji Mahadu Sadle Cousin Uncle Koli 10.07.1970 7.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Lubjabai Shankar Sadle Cousin Paternal Aunt Koli 01.09.1971 8.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Madan Shankar Sadle Uncle Koli 01.09.1971
4 946.WP-7513-2024.doc 9.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Shardabai Mahadu Sadle Cousin Paternal Aunt Koli 01.09.1971 10.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Shardabai Mahadu Sadle Cousin Paternal Aunt Koli 01.09.1971 11.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Vandanabai Pandharinath Sadle Cousin Paternal Aunt Koli 07.07.1972 12.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Shakuntalabai Baburao Sadle Cousin Paternal Aunt Koli 07.07.1972
13. Zilla Parishad Primary Satyakala Dhondiram Sadle Cousin Paternal Aunt Koli 12.07.1972 School, Mahadevwadi, Taluka Ausa, District Latur 14.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Daivkala Jaywantrao Sadle Cousin Paternal Aunt Koli 12.07.1972
15. Zilla Parishad Primary Shobhabai Narsing Sadle Cousin Paternal Aunt Koli 12.07.1973 School, Mahadevwadi, Taluka Ausa, District Latur 16.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Ramesh Pitambar Sadle Uncle Koli 12.07.1973 17.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Surekha Pandharinath Sadle Cousin Sister Koli 25.07.1974 18.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Janabai Dhondiram Sadle Cousin Paternal Aunt Koli 25.07.1974
19. Zilla Parishad Primary Sudhakar Shankar Sadle Uncle Koli 01.09.1974 School, Mahadevwadi, Taluka Ausa, District Latur
20. Zilla Parishad Primary Rajendra Dhondiram Sadle Cousin Uncle Koli 05.07.1975 School, Mahadevwadi, Taluka Ausa, District Latur Cousin Uncle Koli 07.07.1975 There is correction in 'Dhangar word by writing Hindu Dhangar word in the column of religion caste.
22. Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur 21.
Zilla Parishad Primary School, Mahadevwadi, Taluka Ausa, District Latur Nandkumar Babu Sadle Babu Pandhari Sadle Cousin Uncle Koli 28.06.1978
23. Zilla Parishad Primary Birku Pitambar Sadle Aunt Koli 18.06.1979 School, Mahadevwadi, Taluka Ausa, District Latur
5 946.WP-7513-2024.doc 6.
We have taken into considering the reply tendered by the petitioner to vigilance report dated 14.07.2022. The petitioner has disowned relationship with some of the persons who are figuring in the above table. In respect of the other persons, the entries are alleged to have been recorded due to illiteracy and ignorance. In all there are 23 entries. Except above persons, in respect of the remaining record, neither relationship is disputed nor are the contrary entries. Pertinently, the entries from 1965 to 1979 is older record than the record pressed into service by the petitioner. The consistent contrary entries which are duly verified during the vigilance inquiry have rightly been taken into account by the Committee.
7.
The school record of petitioner's grandfather Pitambar which is of 1955 referred to by the petitioner was neither produced before the Committee nor was it produced in the matter of earlier validity holder - Umakant. It has not been verified earlier. Therefore, we cannot for the first time consider it.
8.
The reliance is placed on old school record of Bajirao of Fasli 1356. It was produced by earlier validity holder - Umakant, in his matter also. It is Urdu document of Gulbarga Court, disclosing Bajirao as observing accused and his caste was mentioned to be Koli Mahadev. It was referred for the verification to the concerned Court and reply was solicited. It
6 946.WP-7513-2024.doc was reported by the Court Keeper that Fasli record was destroyed due to orders of District Court at Gulbarga dated 27.02.1999. Thus there was no remark endorsing the genuineness of the record.
9.
In the present matter, the statement of the petitioner's father was recorded on 05.05.2022. It was stated that the deponent was not aware of any police case in which Bajirao was arrested. The document was procured from one Nazeer Shaikh who was stamp vendor and he used to prepare the document and as per his say, the document was produced. If this is the candid admission coming from petitioner's father, then we have no hesitation to conclude that the document is false and bogus and this aspect is rightly dealt with by the Committee in the impugned judgment.
10.
Petitioner relied on validity of her brother - Umakant who was banking on validities issued to Kulbhushan and Anil, who were maternal side relatives. The old record of Gulbarga Court in the matter of Bajirao is found to be false and bogus. Except school record of Umakant, present petitioner and their brother - Mahesh which is of recent origin, there is no convincing material. In the matter of Umakant, no in depth verification was conducted. We are of the considered view that he was not issued with validity certificate after following due process of law, as contemplated by law laid down by the Supreme Court in the
7 946.WP-7513-2024.doc matter of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti (supra). We endorse this finding more particularly when incompatible old entries were discovered in the present matter. 11.
It is relevant to notice that the petitioner failed to get through the affinity test. There is no convincible circumstance or material to corroborate petitioner's claim. We, therefore, find that no error, perversity or illegality has been committed by the Scrutiny Committee in passing impugned judgment and order. We find no substance in the petition. Hence we pass following order :
ORDER
a.
The writ petition is dismissed.
SHAILESH P. BRAHME MANGESH S. PATIL JUDGE JUDGE Najeeb..