Riya Ramrao Pallewad v. The Scheduled Tribe Certificate Scuritiny Committee And Others

1 1030-wp 12564-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12564 OF 2021 Riya Ramrao Pallewad .. Petitioner

Versus

The Scheduled Tribe Certificate Scrutiny Committee, Through its Member Secretary and others .. Respondents Mr. Anand V. Patil (Indrale), Advocate for the Petitioner. Mr. A. R. Kale, AGP for Respondent Nos. 1 and 2. Mr. S. G. Karlekar, Advocate for Respondent No. 3. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 24th November, 2021.

PER COURT:- .

The tribe claim of the petitioner as belonging to 'Mannervarlu' (Scheduled Tribe) is invalidated.

2.

Mr. Patil, the learned counsel for the petitioner submits that there are 19 validities in the family of the petitioner. Rushikesh and Lingeshwar are issued with the validity certificates under the orders of this Court in writ petitions filed by them.

3.

The learned A.G.P. submits that there are interpolations in the school record of the petitioner and her family members.

2 1030-wp 12564-2021.odt 4.

It appears from the judgment of the committee and the submissions made that the Rushikesh Udhav Pallewad and Lingeshwar Vyankatrao Pallewad are paternal relatives. The relationship is not disputed. The tribe claim of Rushikesh Udhav Pallewad was invalidated by the Committee. He filed Writ Petition No. 9009 of 2018. The Division Bench of this Court under order dated 03.08.2018 directed the committee to issue validity certificate to him. Similarly Lingeshwar Vyankatrao Pallewad was also denied the validity certificate. He filed Writ Petition No. 9444 of 2019. The Division Bench of this Court under order dated 31.07.2019 directed the committee to issue validity certificate to him.

5.

As the paternal relationship is not disputed, we follow the same course as in the order dated 03.08.2018 in Writ Petition No. 9009 of 2018.

6.

In the light of that, we pass the following order. 7.

The committee shall issue validity certificate to the petitioner of 'Mannervarlu'

(Scheduled Tribe) .

8.

In case, after reopening of the proceedings the tribe claim of the validity holders relied by the petitioner is invalidated the petitioner shall not be entitled to claim equity nor will be entitled to protect her

3 1030-wp 12564-2021.odt admission and validity issued to the petitioner would be subject to the decision in case of the proceedings reopened of the validity holders relied by the petitioner.

9.

Writ petition is disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.