1 29-WP-11071-18.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11071 OF 2018 RUPALI NAVNATH TAPSE VERSUS SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AURANGABAD AND OTHERS ... Advocate for the Petitioner : Mr. Sagar S. Phatale AGP for Respondents/State : Mr. P. S. Patil ... CORAM : S. G. MEHARE & SHAILESH P. BRAHME, JJ. DATE : 10-03-2025 PER COURT:- 1. Heard both sides finally at the admission stage considering exigency in the matter. 2. The petitioner is challenging the judgment and order dated 10.08.2018 passed by respondent No.1/Scrutiny Committee invalidating her tribe claim. 3. The learned counsel for the petitioner submits that there are in all five validities in the family including her father and real uncles. He would advert our attention to genealogy to show that all validity holders are paternal side close blood relatives. He further submits that Vilas Bajrang Tapse was the first validity holder in whose case due procedure was followed and by a 2025:BHC-AUG:7109-DB 2 29-WP-11071-18.odt reasoned order he was issued with the validity certificate. It is further submitted that the self same record is pressed into service in the present matter. The petitioner is claiming validity certificate on the ground of parity. It is further submitted that she is ready to face consequences as per Shweta Balaji Isankar Vs. State of Maharashtra and others (Writ Petition No.6320 of 2017). 4. Per contra, the learned A.G.P. submits that the validites pressed into service are not reliable because they were obtained by suppressing material facts of incompatible record. He would submit that there was no occasion before the committee to conduct vigilance of school record of grandfather of 1958 and the record of grand uncle of 1954. It is further submitted that the committee has rightly rejected tribe claim considering incompatible school record of the relatives of the petitioner right from 1967 to 1976. Tampering was noticed in the school record of Machindra. The Committee has proposed re-verification and issued show cause notices also. He would therefore submit that no case is made out to cause any interference in the impugned judgment and order. 5. We have considered rival submissions of the parties. 6. There is no dispute that the petitioner is relying on the validities of the paternal side close blood relatives. She is relying upon her father and real uncle's validities. Vilas is the first validity 3 29-WP-11071-18.odt holder. We have gone through the vigilance report of Vilas. It reveals that the school record was verified by the then committee. Petitioner's grandfather's school record of 1958 is the oldest one. 7. The learned counsel for the petitioner has placed on record that reasoned order passed by the committee granting validity to Vilas Bajrang Tapse. Apparently, the validity of Vilas was issued by following due procedure of law and it would corroborate the petitioner's claim. The petitioner has not pressed into service the old record of 1958 of his grandfather and 1954 of his cousin grandfather. However, there is no controversy for self same material was dealt with by the committee in the case of Vilas. There are in all five validities in the family. Unless the earlier validities are revoked, the petitioner cannot be denied the same social status. 8. The learned A.G.P. has informed that the show cause notices were issued to the earlier validity holders including the first validity holder - Vilas. It would consume some time to conclude the proceeding initiated against the earlier validity holders. The petitioner cannot be made to wait till the proceedings are concluded. She is ready to face the consequences as per Shweta Balaji Isankar (supra). In the circumstances, we find that the impugned judgment and order is unsustainable. We, therefore, pass the following order:- 4 29-WP-11071-18.odt ORDER i) The writ petition is partly allowed. ii) The impugned judgment and order is quashed and set aside. iii) Respondent No.1/Scrutiny Committee shall forthwith issue Tribe Validity Certificate of "Koli Mahadev" Scheduled Tribe to the petitioner and the same shall be subject to outcome of re-verification by the Scrutiny Committee. iv) The petitioner shall not claim equities. [ SHAILESH P. BRAHME ] [ S. G. MEHARE ] JUDGE JUDGE rrd