SHRADDHA VYANKATRAO MUPPALWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of these two separate writ petitions, the real brother and sister are challenging the selfsame order passed by the respondent - Scrutiny Committee in a proceeding under Sec. 7 of the Maharashtra Act no. XXIII of 2001 thereby seizing and cancelling their tribe certificates as belonging to Mannervarlu scheduled tribe.

(2.) Considering the fact that petitioner - Sachin has completed the Engineering course whereas petitioner - Shradha is intending to pursue medical post graduation course in the ongoing process, these petitions are taken up for adjudication finally at the admission stage.

(3.) The learned advocate for the petitioners would submit that the petitioners' father - Vyankat Sayabu Muppalwad is a validity certificate holder. There was no reason for the committee to discard it merely by entertaining a doubt. Contrary entries relied upon by the committee are not of the blood relations. The vigilance was conducted. Its report was duly replied. So long as the validity certificate of the petitioners' father is not revoked and cancelled, the petitioners are entitled to have the validity certificates. An old document in Urdu of pre-constitutional date was produced before the committee wherein the petitioners' forefathers were described as Mannervarlu. The committee had no valid reason to discard this. It has not disputed the translation. The exercise undertaken by it to refer the writing on the stamp to the India Security Press, Nashik and based on the reply, entertaining a doubt, is not tenable. The approach is incorrect and the petition be allowed.