Allowed

Vrushali Sadashiv Helekar v. the State of Maharashtra Dept of Tribal Development Thr Its Secretary and Ors.

Bombay HC15 Mar 2023WP/1391/2023

Case brief

AI extract

What is this about?

The High Court set aside an order invalidating the petitioner's caste claim of belonging to the 'Thakar' Scheduled Tribe. Relying on consistent school records, the court quashed the earlier judgment and ordered the issuance of a validity certificate within 15 days.

What did the court decide?

Impugned judgment quashed; Committee directed to issue validity certificate of 'Thakar', Scheduled Tribe within 15 days.

Vrushali Sadashiv Helekar Vs the State of… — Pension and Retirement Benefits | Bombay HC (2023)

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BASAVRAJ GURAPPA PATIL

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Digitally signed by BASAVRAJ GURAPPA PATIL Date: 2023.03.16 11:35:42 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1391 OF 2023

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Vrushali d/o. Sadashiv Helekar

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….. Petitioner

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Vs.

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The State of Maharashtra & Ors. ….. Respondents

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Mr. Sushant Yeramwar for the Petitioner Mr. P. P. Kakade, GP a/w. Mrs. Nisha M. Mehra, AGP for the State

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CORAM: S.V.GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

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DATED : MARCH 15, 2023

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JUDGMENT : (PER : ACTING CHIEF JUSTICE)

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Rule.

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Rule is made returnable forthwith.

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By consent of the parties, taken up for <nal disposal.

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The caste claim of the Petitioner as belonging to “Thakar” is invalidated.

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Mr.Yeramwar, the learned Counsel for the Petitioner submits that there is not a single contra entry. The entry of caste recorded in the school record of father of the Petitioner of the year 1954 recorded as “Thakar” (Magas) is considered to be contra entry. According to the learned Counsel, earlier, under the State

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Government Noti<cation “Thakar” caste was noti<ed as Nomadic Tribe. In light of that father of the of the Petitioner was issued with caste certi<cate in the year 1985 as “Thakar”, Nomadic Tribe.

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The learned AGP submits that “Magas” is contra entry. The learned AGP further submits that the father of the Petitioner had got the caste certi<cate as “Thakar”, Nomadic Tribe, so also the agricultural land possessed by the family of the Petitioner does not record that the said land is a tribal land as contemplated under Section 36 of the Maharashtra Land Revenue Code.

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5. We have considered the submissions.

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It appears that the State Government had issued Noti<cation categorizing the persons from Ratnagiri as “Thakar”, Nomadic Tribe. However, the same was quashed and set aside by this Court in the

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case of Pandurang Rangnath Chavan Vs. State of Maharashtra

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& Ors. (1998) 2 Mh.L.J. 806 .

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Following documents are relied by the Petitioner and the same

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are found to be genuine in the vigilance.

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Sr.	Name of students	Admissio	Relation	Caste	Date of
No.		n No.	with the applicant	registered	admission
1	Swati Sadashiv	1907	Applicant	Thakar	5/7/1991
	Helekar		No.2
2	Vrishali Sadashiv	1932	Applicant	Thakar	28/10/1991
	Helekar		No.1

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Basavraj

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3	Rupali Sadashiv Helekar	2069	Sister	Thakar	17/6/1993
4	Sadashiv Vishram Garud	57/2	Father	Thakar	3/5/1956
5	Sadashiv Vishram Garud	209/1	Father	Thakar Maga.	3/5/1956
6	Sadashiv Vishram (Helekar) Garud	170/1	Father	Thakar Magas	10/5/1954
7	Shankar Vishram Garud	49/1	Uncle	Thakar	2/12/1946
8	Sumati Vishram Garud	138/2	Aunt	Thakar	2/5/1960

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Right from 1946 all the documents i.e. the school record of the Petitioner’s father and uncle records caste as “Thakar”. In view of the consistent documentary evidence on record, the Petitioner has proved his claim of “Thakar”.

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