Allowed

Rutvik Sanjay Thakkarwad v. the State of Maharashtra and Others

Bombay HC14 Aug 2018WP/9561/2018

Case brief

AI extract

What is this about?

Allowed writ petition seeking validity certificate as Mannervarlu Scheduled Tribe. Directed respondent to issue certificate subject to decision in re-opened proceedings against validity holders relied upon; petitioner loses rights if those certificates are invalidated.

What did the court decide?

Directed respondent to issue validity certificate of Mannervarlu Scheduled Tribe to petitioner subject to decision in re-opened proceedings of validity holders relied upon by petitioner.

Rutvik Sanjay Thakkarwad Vs the State of… — Pension and Retirement Benefits | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 9561 OF 2018

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Rutvik Sanjay Thakkarwad

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...Petitioner

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VERSUS

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The State of Maharashtra
and others...Respondents

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Advocate for the petitioner : Mr. A.S. Golegaonkar
AGP for respondent Nos 1 & 2 : Mr. P.S. Patil
Advocate for respondent No. 3 : Mr. S.G. Karlekar
...

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CORAM : S.V.GANGAPURWALA AND

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SUNIL K.KOTWAL, JJ.

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DATE : AUGUST 14, 2018

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O R D E R :

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Mr. Golegaonkar, learned counsel for the

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petitioner submits that the caste claim of the

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petitioner as Mannervarlu Scheduled Tribe is
invalidated. The learned counsel submits that the

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father of the petitioner has been issued with validity
certificate of Mannervarlu Scheduled Tribe on
18.10.2006. The real uncle of the petitioner is also

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issued with validity certificate of Mannervarlu
Scheduled Tribes on 21.6.2006.

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2.The learned counsel submits that the school
record of the petitioner, his father and uncle
records caste as Mannervarlu Scheduled Tribe.

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3.The Committee relied upon the entries of
some persons namely Govind, Shankar, Ganpat and
Laxman. They are not related to the petitioner. Only

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on the basis of these entries the claim is
invalidated.

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4.Mr. Patil, learned AGP submits that

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vigilence found that these persons namely Govind,
Shankar and Ganpat and Laxman are related to the
petitioner and the entries in their school record
are as Munnervar.

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5.The learned AGP further submits that show

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cause notice is issued to the father and real uncle
of the petitioner as to why the validity certificates
should not be cancelled.

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6.We have considered submissions canvassed by
the learned counsel of respective parties.

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7.It is a matter of record that the father of

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the petitioner and real uncle have been issued with
validity certificate of Mannervarlu Scheduled Tribe.

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8.Vigilance also found no interpolation in the
school record of the petitioner, his father and

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uncle. The reliance has been placed on the school
record of Govind, Ganpat, Laxman and Shankar to
contend that in the record same words caste Manurwad

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was mentioned and subsequently Mannervaralu has been

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recorded. The relationship with these persons is
disputed by the petitioner. It is further submitted

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by the petitioner that Shankar has already been

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issued the validity certificate.

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9.The entries consistently appearing in the
school record of the petitioner. The father and uncle
of the petitioner are issued with the validity
certificate. Their proceedings are re-opened.

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10.In similar case, the Division Bench of this
Court at the Principal Seat at Bombay in Writ
Petition No. 7514 of 2018, decided on 24.7.2018 and
many other writ petitions directed the authorities to
issue tribe certificate to the petitioner subject to
the decision in the proceedings re-opened of the
validity holder rleied by petitioners. We follow the
same course.

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11.The respondent shall issue validity
certificate to the petitioner as Mannervarlu
Scheduled Tribe. The same shall be subject to the

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decision of the Committee in the proceedings re-
opened of the validity holder relied by the
petitioner. In case the caste certificates of the
validity holder relied by the petitioner are
invalidated, then the petitioner shall not be
entitled for equity nor shall be entitled to protect
his admission.

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12.Writ Petition is disposed of. No costs.

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mahajansb/

Rutvik Sanjay Thakkarwad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Rutvik Sanjay Thakkarwad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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