Abhijit Balaji Pogulwad v. Director Of Medical Education And Research Cet Cell And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8215 OF 2020 Abhijit Balaji Pogulwad ... Petitioner

Versus

Director of Medical Education & Research, CET Cell and others ... Respondents ....

Mr. S. S. Phatale, Advocate for petitioner Mr. S. P. Tiwari, AGP for the State Mr. S. G. Karlekar, Advocate for respondent No.3 ....

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

DATED : 15th DECEMBER, 2020 PER COURT :- 1.

The caste claim of the petitioner belonging to Mannervarlu' Scheduled Tribe is invalidated.

2.

Learned counsel for the petitioner submits that the father of the petitioner, namely, Balaji is issued with the validity certificate of '

Mannervarlu' Scheduled Tribe. The real uncle of the petitioner Vitthal is also issued the validity certificate of Mannervarlu' Scheduled Tribe. The children of the real uncle of the petitioner Vitthal, i.e. Dwarka and Laxmikant, are issued with the

2 916-wp-8215-2020.doc validity certificate of 'Mannervarlu' Scheduled Tribe. One Govind son of another real uncle of petitioner is issued the validity certificate of Mannervarlu' Scheduled Tribe. The vigilance was conducted and that the validity was issued to the uncle of the petitioner. These entries of caste relied by the Committee in the present matter were subject of consideration while issuing the validity certificate to the uncle of the petitioner and other validity holders. 3.

The learned AGP submits that some of the entries appeared to be interpolated. The committee has examined the same. Many of the entries appeared as 'Manervarlu', 'Manurvarlu' , which are not of the tribe.

4.

We have considered the judgment delivered by the Committee. It is matter of record that father of the petitioner, real uncle of the petitioner Vitthal and sons and daughters of the real uncles of the petitioner, namely, Dwarka, Laxmikant, Govind, all these persons are issued with the validity certificate of 'Mannervarlu' Scheduled Tribe. The vigilance was also conducted and many of these entries were also on record in those cases. The reliance is placed by the petitioner on the judgment of this Court in the case of

3 916-wp-8215-2020.doc Apporva Nichale Vs. Divisional Caste Certificate Scrutiny Committee reported in 2010(6) Mh.L.J. 401.

5.

The show cause notice is issued to the validity holders. 6.

The impugned order is quashed and set aside. The Committee shall issue validity certificate to the petitioner of Mannervarlu' Scheduled Tribe, immediately. The validity certificate shall be subject to the decision of the Committee in the proceedings reopened of the validity holders relied by the petitioner. 7.

The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI ] [ S. V. GANGAPURWALA ] JUDGE JUDGE SMS