This court rejected a writ petition challenging a validation order granting a Tribe Certificate. It held that the order need not be interfered with as the Scrutiny Committee properly recorded the affinity test and the assertion.
The writ petition challenging the validation order was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 5250 OF 2014
SUNIL NEMICHAND AJMERE VERSUS
EXECUTIVE MAGISTRATE, KOPERGAON AND OTHERS
Advocate for Petitioners : Mr. Mahes S. Deshmukh. AGP for Respondent / State : Mr.K.G.Patil. Advocate for Respondent No.2 : Mr.K.D. Bade Patil. Advocate for Respondent No.3 : Mr. Ashvin Hon.
CORAM : R. M. BORDE and V. L. ACHLIYA, JJ. DATE : 01st July, 2014.
P.C.:
of Respondent No.3 directing validation of Tribe Certificate issued in his favour certifying that he belongs to Koli Mahadev Scheduled Tribe.
We have perused the order passed by the Scrutiny Committee. Apart from the report of the Vigilance Cell supporting the claim of the concerned Respondent, it is observed that as many as eight blood relations of the Respondent have been granted validation certificates between 2002 and 2004. The Committee has recorded that the Respondent answers the affinity test positively. We are of the view that
the order passed by the Scrutiny Committee directing issuance of the
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validation certificate, need not be interfered with in exercise of extraordinary writ jurisdiction under Article 226 of the Constitution of India. The Petitioner states that the Respondent concerned is guilty of misrepresentation of facts and has suppressed certain records. It is claimed that Respondent No.3 is educated person and that the entries in the school record indicate that he is Koli. Even if assuming the contention of the Petitioner to be true, said entry cannot be considered as an adverse one. Moreover, on the face of the voluminous record
produced by the concerned Respondent for substantiating the claim, the order issued by the Scrutiny Committee needs to be held as legal and proper. There is no substance in the petition. The petition is accordingly rejected.
[ V. L. ACHLIYA, J. ] [ R. M. BORDE, J. ]
ndm
1 issue framed by the court
Whether the validation order granting Tribe Certificate to Respondent No.3 should be interfered with under extraordinary writ jurisdiction.
1 provisions across 1 enactments
Sunil Nemichand Ajmere
Executive Magistrate, Kopergaon
Others
R. M. BORDE
V. L. ACHLIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
