Allowed

Yash Shankar Balshetwar v. the State of Maharashtra and Others

Bombay HC4 Jan 2021WP/8486/2020

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed the writ petition and set aside the committee's order rejecting the petitioner's claim. The Court granted a validity certificate for Mannervarlu ST status but conditionally, subject to the outcome of a show cause notice issued against a relative.

What did the court decide?

The impugned order is quashed. The committee is directed to issue a validity certificate to the petitioner, subject to the outcome of the show cause notice against Ashok Vithalrao Balshetwad.

Yash Shankar Balshetwar Vs the State of… — Constitutional and Fundamental Rights | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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86 WRIT PETITION NO. 8486 OF 2020

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YASH SHANKAR BALSHETWAR

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioner: Mr. S. M. Vibhute h/f.
Mr. Ghanshyam K Chinchole
AGP for Respondents No. 1 & 2: Mr. S. K. Tambe
Advocate for Respondent No. 3: Mr. S. G. Karlekar
...

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CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

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DATE:04th JANUARY, 2021

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PER COURT:

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1.The tribe claim of the petitioner as

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Mannervarlu, Scheduled Tribe is invalidated.

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2.Mr. Vibhute, the learned Counsel submits that
father of the petitioner is issued with the
validity certificate of Mannervarlu, Scheduled
Tribe by the appellate authority. Real paternal

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uncle of the petitioner namely Shivaji S/o
Pandurang is issued with the validity certificate.
The another uncle of the petitioner namely Ashok

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S/o. Vitthal is issued with the validity
certificate. The cousin aunt of the petitioner

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namely Sangeeta D/o. Ananda is issued with the
validity certificate of Mannervarlu, Scheduled
Tribe. One paternal cousin namely Swaraj S/o.
Ashokrao had also applied for validity
certificate, the same was negatived. He filed writ
petition bearing no. 9202 of 2019 before the
Principal Seat. The Division Bench under its order
dated August 21, 2019 allowed the said writ
petition and directed the committee to issue
conditional validity to him. The documents
referred to in the judgment by the committee in
the petitioner’s case and the case of the Swaraj
are almost same.

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3.The learned A.G.P. submits that the

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petitioner has failed in the affinity test, there
are contra entries on record which has been
considered by the committee. The committee has
considered the entire documents on record
threadbare and thereby has rightly negatived the
claim of the petitioner.

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4.We have perused the judgment in case of the
petitioner and also in case of Swaraj S/o.
Ashokrao; majority of the documents before the
committee in both the cases were same. It does not
appear that the relationship of the petitioner and
Swaraj is disputed. Swaraj appears to be the
paternal cousin of the petitioner. The Division
Bench of this Court at the Principal Seat under
order dated August 21, 2019 allowed the writ
petition no. 9202 of 2019 filed by Swaraj S/o.
Ashokrao and observed as under-

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“6.The learned Government Pleader submits
that sine some interpolation is noticed in
the school record of Ashok Vithalrao
Balshetwad the Committee has issued a show
cause notice to Ashok Vithalrao Balshetwad.
We find that the Committee has not recorded
specific findings as regard possibility of
some interpolation. Be that as it may, we
have noticed that Ashok Vithalrao Balshetwad
has 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).

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7.In the circumstances, in the light of the
law laid down by the judgments in Apoorva
Nichale, Anand and Raju Ramsing Vasave
(supra), the petitioner is entitled to be
granted caste validity certificate forthwith.
However, the issuance of the certificate

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shall be subject to the outcome of the show
cause notice which has been issued against
Ashok Vithalrao Balshetwad by the Committee
as the caste validity certificate issued to
Ashok Vithalrao Balshetwad is found to be
based on interpolation / adverse entries.”

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5.For the reasons recorded in the judgment

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dated August 21, 2019 in Writ Petition No. 9202 of
2019 filed by Swaraj S/o. Ashokrao, we follow the
same course and pass the following order.

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6. The impugned order is quashed and set aside.

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7.The committee shall issue validity

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certificate to the petitioner of Mannervarlu,
Scheduled Tribe.

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8. The said validity certificate shall be

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subject to the decision that would be taken by the
committee in the proceedings re-opened of the
validity holders relied by the petitioner.

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9. Writ Petition is accordingly disposed of. No costs.

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[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
marathe

Yash Shankar Balshetwar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Yash Shankar Balshetwar 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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