LexRAJESHWAR BABURAO BONE versus THE STATE OF MAHARASHTRA AND ANOTHER
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[2015] 8 S.C.R. 745 RAJESHWAR BABURAO BONE v. THE STATE OF MAHARASHTRAANDANOTHER (Civil Appeal No.5778 of 2015) JULY29,2015 [M.Y. EQBALAND C. NAGAPPAN, JJ.] A B Social status - Tribe certificate - Validity of - Appointment of appellant on the basis of his claim to be member of scheduled tribe - Verification of tribe certificate C by Scrutiny Committee after 18 years of his appointment - Issuance of validity certificate by the Scrutiny Committee on consideration of all the documents - Subsequently, Scrutiny Committee invalidated tribe certificate issueq in 0 favour of appellant's brother and said order attaining finality upto this Court - Thereafter, on reconsideration by the Scrutiny Committee, tribe certificate issued in favour of the appellant invalidated - Challenge to - High Court upheld the order passed by the Scrutiny Committee holding that E the appellant willfully misled the Scrutiny Committee for securing validity certificate wrongfully - Interference with - Held: Not called for - However, on account of inordinate delay in considering the certificate of the appellant, the benefit of the certificate already availed by appellant not F to be disturbed - Appellant not entitled to any further benefit of reservation. Dattu slo Namdev Thakur vs. State of Maharashtra & Others 2011 (13) SCR 475: (2012) 1 SCC 549; Shalini G vs. New English High School Association & Ors. 2013 (12) SCR 807: (2013) 16 SCC 526 - referred to. 745 H I 746 A SUPREME COURT REPORTS [2015] 8 S.C.R. Case Law Reference 2011(13)SCR475 referredto. Para12 2013 (12) SCR 807 referred to. Para 12 B CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5778 of 2015. · From the Judgment and Order dated 17.12.2013 of the High Court of Judicature of Bombay Bench atAurangabad in C Writ Petition No. 5160 of2012. Meenakshi Arora, Shashibhushan P. Adgaonkar, Rana Sandeep Bussa for the Appellant. Arun R. Pedneker and Nishant R. Katneshwarkar for the D Respondents. The Order of the Court was delivered by M. Y. EQBAL, J. 1. Leave granted. E 2. This appeal by special leave is directed against the order dated 17.12.2013 passed by the High Court of Bombay, Bench atAurangabad, whereby the High Court has dismissed the writ petition filed by the appellant herein. F 3. The facts of the case lie in a narrow compass. 4. The appellant herein claims to be belonging to 'Kali Mahadev' a scheduled tribe community. According to the appellant he separated from his family as there was dispute in G respect of the property with his father and for quite some time, the appellant have no relationship or communication with his father and other family members. 5. Since the appellant has secured employment with Zilla H Parishad, Beed, on the post reserved for Scheduled Tribe RAJESHWAR BABURAO BONE v. THE STATE OF 747 MAHARASHTRA[M. Y EQBAL, J.] category, the tribe certificate issued in his favour was referred A to the Scrutiny Committee for verification after 18 years from the date of appointment The appellant submitted several documents in support of his claim including the oldest record of 1348 fasali pertaining to his grandfather namely Gundaji Narsingh Bone wherein his caste is recorded as Mahadev Koli. B 6. The claim of the appellant was referred to vigilance ·cell and vigilance officer has conducted the home and school enquiry. On consideration of all the documents furnished by the appellant including affidav~s as well as forms filled in by C the appellant, the Scrutiny Committee proceeded to i~sue validity certificate by reasoned order dated 19.06.2010. 7. It was later on revealed that tribe certificate issued in favour of appellant's brother by name Sharadkumar Baburao D Bone has been invalidated by the Committee by order dated 20.10.2004 and said order was communicated to him on 27 .10.2004. The writ petition challenging the order passed by the Committee invalidating tribe claim of the brother of the appellant, being Writ Petition No. 6934 of 2004, has been E dismissed by the High Court. The SLP filed against that order of the High Court has been dismissed by this Court. 8. The Scrutiny Committee, as such, decided to reconsider the matter concerning issuance of validity certificate F in favour of the appellant The appellant was duly noticed by the Committee and after extending opportunity of hearing to the appellant, the Scrutiny Committee by order dated 24.2.2012 recalled its earlier o
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