High Court
Legal Reasoning
wp3023-25group IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABADWRIT PETITION NO. 3023 OF 2025Gopinath s/o Sudhakar MantreAge 18 years, Occu: EducationThrough power of attorney holder- Vishnu Namdeo MantreR/o Pahadi Pargaon Tq. DharurDistrict Beed...PetitionerVERSUS1.The State of Maharashtra,Through its SecretaryTribal Development Department,Mantralaya, Mumbai 322.Scheduled Tribe Certificate VerificationCommittee, Chhatrapati SambhajinagarDivision Dist.(Chhatrapati Sambhajinagar)Through its Deputy Director (R)... RespondentsANDWRIT PETITION NO. 3011 OF 2025Ashabai d/o Baliram MantreAge 33 years, Occu: ServiceThrough power of attorney holder- Vishnu Namdeo MantreR/o Pahadi Pargaon Tq. DharurDistrict Beed...PetitionerANDWRIT PETITION NO. 3020 OF 2025Vishnu s/o Namdev MantreAge 42 years, Occu: ServiceR/o Pahadi Pargaon Tq. DharurDistrict Beed...PetitionerPage 1 of 9 wp3023-25groupVERSUS1.The State of Maharashtra,Through its SecretaryTribal Development Department,Mantralaya, Mumbai 322.Scheduled Tribe Certificate VerificationCommittee, Chhatrapati SambhajinagarDivision Dist.(Chhatrapati Sambhajinagar)Through its Deputy Director (R)... Respondentsin WP Nos. 3020 & 3011 of 20253. The Secretary,Sanskar Shikshan Mandal, WadwaniTq. Wadwani, Dist. Beed4. The Headmaster,Maharani Tarabai Madhyamik & Uchha Madhyamik School, WadwaniTq. Wadwani, Dist. BeedANDWRIT PETITION NO. 3022 OF 2025Anant s/o Namdev MantreAge 33 years, Occu: ServiceR/o Pahadi Pargaon Tq. DharurDistrict Beed...PetitionerVERSUS1.The State of Maharashtra,Through its SecretaryTribal Development Department,Mantralaya, Mumbai 322.Scheduled Tribe Certificate VerificationCommittee, Chhatrapati SambhajinagarDivision Dist.(Chhatrapati Sambhajinagar)Through its Deputy Director (R)... RespondentsPage 2 of 9
Legal Reasoning
wp3023-25group3. The Divisional Forest OfficerRatnagiri (Chiplun), Prabhat Road, Makandi, ChiplunDistrict Ratnagiri•Mr. Sunil M. Vibhute, Advocate for the petitioners,•Mr. R. K. Ingole, AGP for the Respondents State•Mr. K. D. Khade, Advocate for Respondent Nos. 3 and 4 in WPNos. 3020 & 3011 of 2025CORAM: MANISH PITALE & Y. G. KHOBRAGADE, JJ.DATE:19.08.2025ORDER (Per: Y. G. Khobragade, J.) 1.By the present petitions under Article 226 of the Constitutionof India, the Petitioners, who are blood relatives including brothers andsisters, take exception to the order dated 25.02.2025 passed byRespondent No.2 Scrutiny Committee, thereby invalidating their "KoliMahadev" Schedule Tribe Certificates.2.Issue notice to the respondents. Learned AGPs waive noticeon behalf of Respondents/State in all petitions. Learned Mr. Khadewaives notice for Respondent Nos. 3 and 4 in Writ Petition Nos. 3020& 3011 of 20253.The petitioner in Writ Petition No.3023 of 2025 is a studentand he requires the validity for education purpose. Other petitionersrequire validity for service purpose. Their claim has been rejected bythe Committee by a common order dated 25.02.2025. Therefore,Page 3 of 9 wp3023-25groupconsidering the urgency shown, all these petitions are taken up togetherfor disposal at the stage of admission. 4.The petitioners claim that they belong to "Koli Mahadev"Scheduled Tribe. Their individual proposals were forwarded toRespondent No.2 Scrutiny Committee for validation of their tribecertificates. The petitioners have submitted various documents,including validity certificates of blood relatives, school entries etc. insupport of their claims. However, by a common order dated25.02.2025, the claims of the petitioners of belonging to "Koli Mahadev"Scheduled Tribe are rejected by the Committee.5.Having regard to the submissions canvassed on behalf of boththe sides, we have gone through the record. 6.As per the genealogical tree, Gunaji Mantre is the forefatherof the Petitioners. He had two sons, Bajirao and Babu. Bhagwan is sonof Bajirao. Gopinath and Dagdu are sons of Babu. Namdev, Prabhu,Baliram and Sumanbai are children of Gopinath. Sudhakar, Vishnu(Petitioner in WP No. 3020 of 2025) and Anant (Petitioner in WP No.3022 of 2025) are sons of Sudhakar. Bhagirathi and Gopinath( Petitioners in WP No. 3023 of 2025) are children of Sudhakar.Vishakha, Abhishek and Rajkanya are children of Vishnu. HanumantPage 4 of 9 wp3023-25groupand Ashabai (Petitioner in WP No. 3011 of 2025) are children ofBaliram.7.On face of record it appears that, Respondent No. 2 ScrutinyCommittee has granted “Koli Mahadev” Scheduled Tribe certificates infavour of paternal blood relatives of the petitioner as under;Sr. no.Name of Paternal Relative/Validity HolderDate ofValidity Relation withthe petitioner1.Dnyanoba Bhagwan Mantre15/03/2008CousinGrandfather2.Laxman Madan Mantre23/05/2008Cousin Uncle 3.Hanumant Baliram Mantre12/09/2008Cousin Uncle4.Bibhishan Nivrutti Mantre12/09/2008Cousin Uncle5.Ashok Sopan Mantre12/09/2008Cousin Uncle6.Shriram Surybhan Mantre15/12/2009Cousin Uncle8.Irrespective of above fact, this court passed an order in thefollowing Writ petitions and directed the Respondent no. 2, ScrutinyCommittee to issue conditional “Koli Mahadev” Scheduled Tribecertificates in favour of paternal blood relatives of the petitioners asunder:Sr.no.WP Nos.Name of the partyDate of Order 1.382 of 2025Gopinath Sudhakar Mantre V/s Stateof Maharashtra10.01.20252.9474 of 2023Yogeshwar Laxman Mantre V/s State ofMaharashtra02.08.20233.7583 of 2024Yogita Laxman Mantre V/s State ofMaharashtra30.07.2024Page 5 of 9 wp3023-25group9. The Respondent no. 2, Scrutiny Committee has not deniedpaternal blood relations between the petitioners and other validityholders. Indeed on 25.02.2025, the Respondent no. 2 ScrutinyCommittee has passed the impugned order holding that the petitioners'paternal blood relatives obtained Scheduled Tribe certificate bysuppressing material facts and on the basis of false information.Therefore, the validity holders are served with the notice for revocationof validities. However, said validities are not yet revoked. 10.In Writ Petition Nos. 3980 of 2025 (Hanumant BaliramMantre and others V/s State of Maharashtra and others), thepetitioners therein, who are blood relatives of this petitioners, havechallenged the notice dated 13.03.2025 whereby they were called uponto explain as to why their validity certificate of “Koli Mahadev” shouldnot be recalled On 25.03.2025, this court issued notice and grantedstay to the order of revocation of their validity. As on today, the saidwrit petition is pending for final decision. Therefore, the validitiesissued by the respondent No. 2 in favour of petitioners' blood relativesare in operation the said issue is subjudice before this court. Therefore,the petitioners are entitled to have validity certificates, which shall becoterminous with their blood relatives.Page 6 of 9 wp3023-25group11.In cases of Mah. Adiwasi Koli Mahadev Jamat SwarakshanSamiti Vs. State of Maharashtra & Ors.; AIR 2023 S.C. 1657, ShwetaBalaji Isankar V/s. State of Maharashtra & Ors., 2018 SCC Online Bom.10341,Apoorva Vinay Nichale-Vs- Divisional Caste Certificate ScrutinyCommittee No. 1 and Ors., [2010 (6) Mh. L. J. 401, it has beenconcluded that when the biological father, biological siblings, biologicaluncle etc., are granted validity certificates, a candidate so related tothem, cannot be deprived of a validity certificate. Therefore,considering party with the blood relatives of the petitioners, thepetitioners are entitled to have conditional validity subject to outcomeof the decision in the proceedings in respect of the blood relatives of thepetitioners, which the committee has decided to reopen.12.Learned counsel for the petitioners voluntarily submittedthat blood relatives of the petitioners to whom the notice forrevocation of validity has been served shall execute an undertakingbefore the Respondent No.2 Committee that they would regularlyappear in the matter and shall cooperate with the Committee forearly decision in the said matter.13.The Petitioner in Writ Petition No. 2023 of 2025 appears tobe the aspiring student for the professional course. Therefore, he iscalled upon to furnish undertaking that, in case, his caste validityPage 7 of 9
Decision
wp3023-25groupcertificate is invalidated by the Scrutiny Committee, in that event heshall pay the tuition fees and admission fees applicable to thecandidates from open category and no equity shall lie in his favour. 14.In view of above discussion, the present Petitions deserve tobe allowed partly and the impugned order dated 25.02.2025 passedby Respondent No.2 Scrutiny Committee needs to be quashed and setaside. Accordingly, we proceed to pass the following order:-O R D E R(i)The Writ Petitions are partly allowed.(ii)The impugned order dated on 25.02.2025, passed byRespondent No.2 Scrutiny Committee is hereby quashed and setaside.(iii)Respondent No.2 Scrutiny Committee shall immediately issue“Koli Mahadev” Scheduled Tribe validity certificates in favour of thePetitioners, which shall be subject to following conditions:-(a)The caste validity certificates shall be subject to the outcome ofthe re-verification of the validity certificates of their bloodrelatives proposed by the Scrutiny Committee and they shallalso be subject to the result of Writ Petition No.3980 of 2025(b)The petitioner in Writ Petition No. 3023 of 2025 shall furnishundertaking before the Registrar (Judicial) of this Court as wellas before the Scrutiny Committee and the EducationalInstitution with whom he will take admission for professionalPage 8 of 9 wp3023-25groupcourse, indicating that in case his caste validity is revoked, hewould deposit the tuition fees and other charges applicable tothe candidates from open category. (c) The Petitioners shall not claim any equity.(d)The Petitioners shall cooperate with the Scrutiny Committee.( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. )JPChavan Page 9 of 9