Ruturaj Sanjay Bodhgire v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:30617-DB 1 WP 13881.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13881 OF 2024 Ruturaj Sanjay Bodhgire .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri Omgashad B. Boinwad, Advocate for the Petitioner. Shri S. S. Dande, A.G.P. for the Respondent Nos. 1 and 2. CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 19TH DECEMBER, 2024.

ORDER :

.

Heard both sides finally at the admission stage with their consent considering exigency that the petitioner has secured admission to Pharmacy course.

2.

The petitioner has taken exception to the judgment and order dated 11.11.2024 passed by the respondent No. 2/Scrutiny Committee invalidating his tribe certificate of 'Mannervarlu' (Scheduled Tribe). He is relying on 25 validities issued by the High Court to his blood relatives on different occasions. Besides that his father Sanjay was issued with the validity certificate by the Committee. It is also pointed out that there was common vigilance report in the case of petitioner, Pranali and Prathamesh. Prathamesh was issued with the validity certificate by order of the coordinate Bench dated 21.10.2024 in Writ

2 WP 13881.24 Petition No. 11713 of 2024.

3.

The learned Assistant Government Pleader Mr. S. S. Dande supports impugned judgment and order. He would submit that there is suppression of material facts by earlier validity holders. The Committee has proposed reverification and show cause notices are issued. The learned A. G. P. would strenuously submit that the earlier validity holders who are facing reverification have approached this Court against the show cause notices. He would point out those proceedings from page Nos. 136 to 140 of the paper book and submit that any indulgence in favour of the petitioner would prejudice the proceedings of reverification.

4.

We have considered rival submissions of the parties. 5.

Undisputedly, petitioner's father Sanjay holds validity certificate granted by the Committee and following blood relatives are armed with validities issued by the orders of the High Court :

Sr.

No.

Name of the Relative Relationship with the petitioner Writ Petition No.

Order date 1.

Mayuri Manik of the Petitioner 9058/2019 (Principal Seat) 22.08.2019 2.

Ganesh Sudhakar of the petitioner 9056/2019 (Principal Seat 21.08.2019 3.

Dipali Gurunath Cousin of 5690/2021 06.12.2021

3 WP 13881.24 the petitioner 4.

Subhash Kondiba uncle 2233/2022 18.02.2022 5.

Sudhakar Anandrao brother 9163/2019 21.12.2022 6.

Shivraj Vilasrao brother 9986/2019 21.12.2022 7.

Balaji Kashiram uncle 10000/2019 21.12.2022 8.

Devidas Digambar Grandfather 10021/2019 21.12.2022 9.

Manas Balaji Bodhgire brother 9999/2019 21.12.2022 10.

Sanket Manik Bodhgire Cousin brother 7238/2022 21.12.2022 11.

Manish Govindrao brother 5694/2021 21.12.2022 12.

Rupali Gurunath sister 5740/2021 21.12.2022 13.

Pratiksha Manohar sister 5736/2021 21.12.2022 14.

Yogesh Uttamrao brother 8442/2020 21.12.2022 15.

Meenakshi Govind sister 5771/2021 21.12.2022 16.

Omesh Dilip Bodhgire Uncle 9661/2023 04.08.2023 17.

Manoj Manik Bodhgire brother 9503/2019 29.08.2023 18.

Aryan Chinoda 13851/2023 02.11.2023 19.

Ravishankar Balaji 13852/2023 02.11.2023 20.

Gurunath Chinoda 13853/2023 02.11.2023 21.

Mohini Balaji Bodhgire Cousin 13854/2023 02.11.2023

4 WP 13881.24 22.

Mangesh Malhotra 12592/2023 11.12.2023 23.

Ritesh Ashok Bodhgire 7322/2024 18.07.2024 24.

Snehal Manik Bodhgire Cousin 7326/2024 18.07.2024 25.

Prathamesh Manohar 11713/2024 21.10.2024 6.

The relationship of the petitioner with the validity holders is not disputed. Interestingly, the genealogy at page No. 38 shows that in all four branches of the family there are validity holders. The validities are still intact. There is clinching material on record to corroborate the tribe claim. The petitioner deserves to be issued with conditional validity.

7.

Another glaring aspect of the matter is that, there is common vigilance in the claims of the petitioner, Pranali and Prathamesh. Prathamesh was issued with the validity certificate vide order dated 21.10.2024 in Writ Petition No. 11713 of 2024. It is apparent that self same record was considered for granting validity. The petitioner is also entitled to validity certificate. 8.

Few of the validity holders are facing reverification. Against show cause notices, they have preferred writ petitions in the High Court. By interim orders they are granted protection. Some time is likely to be consumed to conclude the reverification. The petitioner cannot be made to wait till the decision of reverification. The validity certificate to be issued to the petitioner can be subjected to out come of the reverification. We find that there is no merit in the submissions of the learned A. G.

5 WP 13881.24 P. Impugned order is unsustainable.

9.

We, therefore, pass following order.

O R D E R

i) Writ petition is partly allowed.

ii) The judgment and order dated 11.11.2024 passed by the respondent/Committee is quashed and set aside. iii) Respondent/Committee shall issue tribe validity certificate to the petitioner forthwith which shall be subject to outcome of re-verification proposed by the Committee.

iv) The petitioner shall not claim equity.

[ SHAILESH P. BRAHME, J. ] [ S. G. MEHARE, J. ] bsb/Dec. 24