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2020 (1) TMI 1644 - BOMBAY HIGH COURTGrant of validity certificate in favour of the Petitioners, resultantly invalidating the tribe claim of the Petitioners - direction to authorities to take action against the Petitioners including the lodgment of offences against Petitioner No.1 - some interpolation in the record as and by way of an addition of words in the school record - HELD THAT:- The claimant who is desirous of validation of his tribe claim, approaches the competent scrutiny committee as per the procedure laid down in accordance with the law, i.e., relevant Act and Rules. While submitting his claim before the competent scrutiny committee, it is pre-requisite that the claimant must submit the complete and real / genuine information or material to the scrutiny committee. Meaning thereby, the claimant is to submit material supporting his claim and also material adverse, if any, to his claim. Not only this, in the present matter, the Petitioners have gone to the extent of maintaining silence in respect of the existence of the near relative / family member, ie., Devidas, the son of Petitioner No.1 and brother of Petitioner No. 2 in the genealogical tree or family tree. Apart from non disclosure of fact of invalidation of the claim of cousin sister Jyoti Mupade, the suppression of rejection of tribe claim of Devidas who is nearest relative of both the petitioners is to act adversely against these petitioners - the show cause notices were already issued to the Petitioner calling upon them to submit their say and to remain present before the scrutiny committee and in spite of receipt of notices, the Petitioners failed to appear before the scrutiny committee. It may not be out of place to refer to the principle oftenly quoted that he who approaches the Court of law, must approach the Court with clean hands. In the present matter, the Petitioners are guilty of suppression of material facts, which were within their knowledge and in stead of approaching the competent scrutiny committee by disclosing the entire material, the Petitioners have placed only material which was supporting to the claims of Petitioners and this act of the Petitioners is certainly not a bonafide act and it can safely be stated that the Petitioners have not approached the scrutiny committee with genuine intention to seek validation of their tribe claims, but with an intention to obtain the certificates by suppressing the material facts. The petition is devoid of any merit as such deserves to be dismissed - Petition dismissed.
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