Quashed

Vishakha Joshef Waghmare v. the State of Maharashtra and Others

Bombay HC20 Aug 2018WP/8262/2016

Case brief

AI extract

What is this about?

Petitioners sought validity certificates as Mahar Scheduled Caste. The High Court quashed impugned orders, directing the committee to consider the unexamined validation records of a relative before deciding the petitioners' eligibility afresh.

What did the court decide?

Impugned orders quashed; parties relegated before the committee with directions to consider specific records and decide afresh within six months.

Vishakha Joshef Waghmare Vs the State of Maharashtra and… — Caste Atrocities | Bombay HC (2018)

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(1)

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24-wp-8242 & 8262-2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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24 WRIT PETITION NO. 8242 OF 2016

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VISHAL JOSHEF WAGHMARE ..PETITIONER

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS

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WITH
WRIT PETITION NO. 8262 OF 2016

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VISHAKHA JOSHEF WAGHMARE ..PETITIONER

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS

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Mr. D. K. Dagadkhair, Advocate for the Petitioners.
Mr. S. K. Tambe, AGP for Respondent Nos.1 to 3.

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CORAM : S. V. GANGAPURWALA &
 S. M. GAVHANE, JJ.

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 DATED : 20th AUGUST, 2018.

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PER COURT:-

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1.Mr. Dagadkhair, learned counsel for
petitioners submits that the record maintained
under the Birth and Death Register of the year 1924
records the caste of the grandfather of the
petitioners as 'Mahar'. The same is pre-
independence document. That document will have
more probative value. The learned counsel submits
that the petitioners real uncle’s son namely Shimon
Jaywant Waghmare has been issued with the validity
certificate of 'Mahar' Scheduled Caste. The same

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(2) 24-wp-8242 & 8262-2016

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has not been considered by the committee.

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2.The learned A.G.P. submits that during the
vigilance, the father of the petitioners has
clearly admitted that he follows the Christian
Religion. The said evidence is against the
petitioners. The report of the enquiry is clear.
Even, the school record of the father of the
petitioners does not mention caste as 'Mahar'. The
father of the petitioners is literate person.

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3.We have considered the submissions
canvassed by the learned counsel for the respective
parties.

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4.No doubt, while considering the validation
proceedings, the committee has to consider the
entries, so also the home enquiry and the vigilance
report. The entry in respect of the grandfather of
the petitioners in the Birth and Death Register of
the year 1924 appears to be 'Mahar'. The statement
under the home enquiry has been considered. At the
same time what was considered while issuing
validity to the near relative of the petitioner is
also required to be considered. The real uncle’s
son namely Shimon Jaywant Waghmare is shown to have
been issued with the validity certificate of
'Mahar' Scheduled Caste. The same would be
relevant aspects. Of course, whether the vigilance
was conducted while issuing validity to him, so
also record will have to be considered by the

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(3) 24-wp-8242 & 8262-2016

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committee. The same has not been considered in the
present matter on the ground that reasons while
giving validity are not placed on record. The
committee could have called for record of the
validation proceedings of Shimon Jaywant Waghmare.

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5.In light of the above, the impugned orders
are quashed and set aside. The parties are
relegated before the committee. The petitioner
shall appear before the committee on 05.09.2018.
The committee shall call for the record of the
validation proceedings of Shimon Jaywant Waghmare
and so also Babasaheb/Balasaheb Vasant Waghmare.
Thereafter, consider the relevancy of the said
record and decide the proceedings seeking validity
certificates of the petitioners afresh. The same
shall be decided expeditiously, preferably within a
period of six (06) months from the date of
appearance of the petitioners.

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6.Writ Petitions accordingly disposed of.

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No costs.

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Devendra/August-18

Vishakha Joshef Waghmare v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Vishakha Joshef Waghmare v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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