Bombay High Court
Nandini Dilipkumar Khanderay And ... vs The State Of Maharashtra And Another on 9 December, 2020
Equivalent citations: AIRONLINE 2020 BOM 2852
Bench: S. V. Gangapurwala, Shrikant D. Kulkarni
1 wp 7832.20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7832 OF 2020
Nandini Dilipkumar Khanderay
and another .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Shri Omgashad B. Boinwad, Advocate for Petitioners.
Shri K. B. Jadhavar, A.G.P. for Respondent Nos. 1 and 2.
CORAM : S. V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 09TH DECEMBER, 2020.
FINAL ORDER :
. The tribe claim of the present petitioners along with their sister Pallavi D/o Subhash was invalidated by the Committee. Pallavi Subhash filed Writ Petition No. 9183 of 2019 before the Principal Seat of this Court at Bombay. The Division Bench of this Court at principal seat under judgment and order dated August 21, 2019 allowed the writ petition filed by Pallavi and directed the Committee to issue validity certificate to Pallavi. The father of Nandini namely Dilip and the father of Shreya namely Subhash are issued with the validity certificates by the Committee.
2. The Division Bench of this Court at Principal Seat at Bombay in Writ Petition No. 9183 of 2019 filed by Pallavi ::: Uploaded on - 09/12/2020 ::: Downloaded on - 10/12/2020 08:05:37 ::: 2 wp 7832.20 observed as under :
7] The learned Government Pleader submits that since some interpolation is noticed in the school record of father of the Petitioner viz Subhashrao Shivajirao Khanderay and her uncle viz Dilipkumar Shivajirao Khanderay and other blood relations, as reflected in the order impugned, the Committee has issued a show cause notice to them. We find that the Committee has not recorded specific findings as regards possibility of some interpolation. Be that as it may, we have noticed that Petitioner's father Subhashrao Shivajirao Khanderay and uncle Dilipkumar Shivajirao Khanderay and other blood relations have already been granted caste validity certificate. Thus, in our considered view, the reason assigned by the Committee for rejection of the Petitioner's claim cannot be sustained as it runs contrary to the view taken by the Division Bench of this Court in the case of Apoorva Vinay Nichale (supra).
8] In the circumstances, in the light of the law laid down by the judgments in Apoorva Vinay Nichale, Anand, Raju Ramsing Vasave (supra), the Petitioner is entitled to be granted caste validity certificate forthwith. However, the issuance of the certificate shall be subject to the outcome of the show cause notice which has been issued by the Committee against Petitioner's father Subhashrao Shivajirao Khanderay and uncle Dilipkumar Shivajirao Khanderay and other blood relations of the Petitioner as reflected in the order impugned, as the caste validity certificate issued to them is found to be based on interpolation / adverse entries.
9] In view of above, the Committee is directed to issue Tribe validity certificate to the petitioner forthwith. As the Committee has already initiated proceedings for cancellation of validity issued to the blood relations of the petitioner, but in response to the Courts query, it is assured by the Committee that the Committee will conclude those proceedings within a period of six months from the date of receipt of copy of this order. If the proceedings for cancellation of caste validity are answered against such certificate holder, it shall be open for the respondent Committee to issue show cause notice to the Petitioner as to why the validity ::: Uploaded on - 09/12/2020 ::: Downloaded on - 10/12/2020 08:05:37 :::
3 wp 7832.20 certificate granted to her should not be cancelled and it will be open for the Committee to take those proceedings to its logical end. Needless to say that the certificate issued to the petitioner is subject to the outcome of the proceedings for cancellation of validity issued in favour of her blood relations.
3. In view of the above, we follow the same course and pass following order.
4. The impugned judgment is quashed and set aside. The Committee shall issue validity certificate to the petitioners of belonging to 'Koli Mahadev' (Scheduled Tribe) immediately. If the proceedings for cancellation of caste validity are answered against such certificate holder, it shall be open for the respondent Committee to issue show cause notice to the Petitioner as to why the validity certificate granted to her should not be cancelled and it will be open for the Committee to take those proceedings to its logical end. Needless to say that the certificate issued to the petitioner is subject to the outcome of the proceedings for cancellation of validity issued in favour of her blood relations.
5. In the light of the above, the writ petition is disposed of. No costs.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Dec. 20 ::: Uploaded on - 09/12/2020 ::: Downloaded on - 10/12/2020 08:05:37 :::