YASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of these separate writ petitions the petitioners who are first degree cousins inter se are challenging the orders passed by the respondent - Scrutiny Committee in proceedings under Sec. 6 of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter the Act), thereby, confiscating and cancelling their certificates of "Koli Mahadev" scheduled tribe. Apart from the fact that they are related inter se from the paternal side and though their proposals have been decided by the Committee by the impugned orders separately those have been decided on the same day and for the same reasons. Since the material considered by the Committee including the validities being relied upon by them being the same, we are disposing of these petitions simultaneously.

(2.) We have heard both the sides and perused the papers. Admittedly, fathers of both the petitioners namely Ramesh Prabhakar Koli and Devendra Prabhakar Koli have been granted validity certificates by the then scrutiny committee on 15/4/2011 and 26/8/2011 respectively.

(3.) The committee has refused to consider these validities on the ground that the school record of validity holders' father by name Prabhakar Lagmanna Koli of Zilla Parishad (Primary) School Kasgi was doubtful as was revealed in the vigilance inquiry and that the validity certificates were granted by a Committee headed by one Mr. V.S. Patil. It was noticed by the Government that there were rampant irregularities committed by that committee and decision was taken to reconsider various decision rendered by that committee.