AI Structured Summary
Not yet generated for this judgment
Judgment
[Per Nitin B. Suryawanshi, J.]
. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
This petition filed under Article 226 of the Constitution of India takes exception to the decision of the Committee invalidating the tribe claim of the petitioner as belonging to ‘Mannervarlu, Scheduled Tribe’.
While considering the claims of Bhausaheb Uttamrao Chhabilwad (petitioner), Omkar Ganesh Chhabilwad, Bhagwat Prakash Chhabilwad, Kanchan Subhash Chhabilwad and Anna Rambhau Chhabilwad, common order impugned in this petition is passed by the Committee. The petitioner has relied upon the validity certificates issued to his blood relatives namely Vrushali Ganeshrao Chhabilwad on 15.06.2006, Kaustubh Ganesh Chhabilwad on 04.03.2010, Amol Baban Chhabilwad on 03.03.2010 and Varsha Prakash Chhabilwad on 29.04.2011 issued by the respondent No. 2 - Committee.
By the impugned order the Committee has also invalidated the tribe claim of Omkar S/o Ganesh Chhabilwad. He challenged the said order before this Court in Writ Petition No. 12710 of 2021, wherein he had also relied on validity certificates issued to Varsha Praksh Chhabilwad, Vrushali Ganeshrao Chhabilwad, Kaustubh Ganesh Chhabilwad and Amol Baban Chhabilwad. On 01.08.2023, this Court partly allowed the petition of Omkar Ganesh Chhabilwad and quashed and set aside the impugned order passed by the Committee and directed the Committee to immediately issue Tribe Validity Certificate to the petitioner therein as belonging to ‘Mannervarlu, Scheduled Tribe’, which shall be subject to the decision to be taken by the Committee in the reopened matter. The case of the petitioner is covered by this order.
Omkar S/o Ganesh Chhabilwad is granted conditional validity by this Court by making following observations :
“5.The petitioner has pointed out the vigilance enquiry in the case of his real sister Vrushali. We find that the proper procedure was followed while issuing validity certificate to Vrushali and other close relatives. We have noticed that the vigilance report is dealt with by the petitioner by submitting reply. The contrary entries showing caste as Maratha are unreliable because concern persons are not relatives of the petitioner.
6.The learned A. G. P. would submit that there are entries of the census of 1951, which are incompatible with the caste claim of the petitioner. It is further informed that the Committee has decided to undertake reverification. We find that the Scrutiny Committee has discretion to reopen the cases of validity holders. It is not proper while exercising writ jurisdiction for us to comment upon the infirmities shown in the validity certificates.
7.We hold that the impugned judgment and order is perverse and illegal. The writ petition is disposed of by passing following order.
O R D E R
A) The writ petition is partly allowed. The impugned order is quashed and set aside. The respondent/Scrutiny Committee shall immediately issue tribe validity certificate to the petitioner as belonging to ‘Mannervarlu’ (Scheduled Tribe), which shall be subject to the decision to be taken by the committee in the reopened matters.
B) The petitioner shall not be entitled to claim equities.”
Since the common order of the Committee to the extent of Omkar S/o Ganesh Chhabilwad is quashed and set aside by this Court, the petitioner being blood relative of Omkar S/o Ganesh Chhabilwad is entitled for the same relief.
In the result, we pass the following order :
O R D E R
Writ Petition is allowed.
The impugned order is quashed and set aside.
The Committee is directed to issue Validity Certificate to the petitioner that he belongs to ‘Mannervarlu, Scheduled Tribe’ within eight weeks from the date of uploading of this order.
Rule is made absolute in above terms with no order as to costs.