Neha Subhash Nilawad v. The State Of Maharashtra And Another

1 wp 8074.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8074 OF 2020 Vaishnavi Dattatraya Nilawad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 8077 OF 2020 Sheetal Uttam Nilawad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 8078 OF 2020 Neha Subhah Nilawad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner in all matters. Shri K. N. Lokhande, A.G.P. for Respondent Nos. 1 and 2 in all matters.

Shri T. M. Venjane, Advocate h/f Shri P. R. Gaikwad, Advocate for the Intervenor in all matters.

CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

09TH DECEMBER, 2020.

2 wp 8074.20 FINAL ORDER :

.

All these petitioners are paternal cousins of each others. The tribe claims of the petitioners as belonging to 'Mannervarlu' (Scheduled Tribe) are invalidated by a common judgment. 2.

Mr. Vibhute, the learned advocate for the petitioners submits that, fourteen validities exist in the family of petitioners. The fathers of all the petitioners are issued with validity certificates of Mannervarlu (S.T.) The Committee has raised doubt about the entry of Mannervalu in the school record of Venkati while issuing validity certificate to the daughter and son of Venkati namely Jotsna and Nagesh. The vigilance has considered the entry in the school record of Venkati and, thereafter validity was issued. The old school record in favour of Maruti, cousin uncle of the petitioners is of the year 1971. The Committee also did not find interpolation in it. The committee relied upon the invalidation of one Vivek Digambar Nilewar and Kum. Swati Digambar Nilewar. The relation is shown as cousin brother and sister of the petitioners.

These persons are not related to the petitioners even distantly. Their surname is Nilewar and petitioners' surname is Nilawad. They are not from same village also. The learned counsel further submits that, it is not case of suppression of documents at the time of issuance of validity certificates to the paternal cousins of the petitioners and the fathers of the petitioners. The learned counsel relies on the judgment of the Apex Court in a case of Apoorva Vinay Nichale Vs.

3 wp 8074.20 Committee and others reported in 2010(6) Mh.L.J. 401. 3.

The learned Assistant Government Pleader for respondents State submits that, the entry of tribe in the school record of Venkati shows that said entry is interpolated. The word 'lu' is added subsequently. The Committee has considered the same. The petitioners have not disproved the relationship of persons namely Swati Digambar and Vivek Digambar, whose tribe claims are invalidated. The petitioners have failed in affinity test also. 4.

We have also heard Mr. Venjane, the learned advocate for the intervenors.

5.

We have considered the submissions canvassed by the learned counsels for respective parties.

6.

It is not disputed that, all these petitioners are paternal cousins of each others and their claims are invalidated by a common judgment. The following persons in the family of petitioner in Writ Petition No. 8077 of 2020 are issued with the validity certificates of Mannervarlu (S.T.).

Sr.

No.

Name of the validity certificate holder Date of Validity Certificate Relation with the petitioner 01.

Bhanudas Baliram Nilawad 08.08.1997 Cousin uncle 02.

Madhav Balaji Nilawad 08.08.1997 Cousin uncle 03.

Uttam Sayaji Nilawad 21.03.2003 Father

4 wp 8074.20 04.

Jotsna Venkatrao Nilawad 31.07.2004 Cousin Sister 05.

Mayuri Madhavrao Nilawad 09.06.2005 Cousin Sister 06.

Nagesh Venkatrao Nilawad 09.06.2005 Cousin brother 07.

Subhash Balaji Nilawad 15.02.2006 Cousin Uncle 08.

Datta Baliram Nilawad 05.04.2006 Cousin Uncle 09.

Venkat Baliram Nilawad 30.05.2006 Cousin Uncle 10.

Maroti Baliram Nilawad 30.05.2006 Cousin Uncle 11.

Sneha Venkatrao Nilawad 15.07.2008 Cousin Sister 12.

Supriya Madhavrao Nilawad 10.11.2008 Cousin Sister 13.

Swapnil Venkatrao Nilawad 11.03.2010 Cousin Brother 14.

Pankaj Maroti Nilawad 09.08.2011 Cousin Brother 7.

The fathers of all these petitioners are issued with validity certificates of Mannervalu (S.T.) and also real paternal cousins. 8.

The entry in the school record of Maruti of the year 1971 does not appear to be disputed. The school entry of Venkatrao @ Venkati appears to be Mannervalu. The committee has found that word 'lu' has been added subsequently. The said matter was subject matter of consideration when validity was issued to the daughter and son of Venkatrao namely Jotsana and Nagesh. The show cause notices are issued to them.

9.

In the case of Anand Vs. Committee for Scrutiny reported in (2012) 1 SCC 113, the Apex Court has held that, affinity test is not a litmus test. The committee has decided to reopen the validity

5 wp 8074.20 certificates issued to the relatives of the petitioners and relied by the petitioners.

10.

In the light of the above, we pass following order. 11.

The impugned judgment and order is quashed and set aside. The Committee shall issue validity certificates to the petitioners of 'Mannervarlu' (Scheduled Tribe) immediately. Said validity certificates would be subject to the decision that would be taken by the Committee in the proceedings reopened of the validity holders relied by the petitioners.

12.

In the light of the above, writ petitions are disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Dec. 20