High Court
Legal Reasoning
WP-9761 & 9763-2025.odtIN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABAD WRIT PETITION NO. 9761 OF 20251. ABHISHEK ANJAN GATTUWAR2. ANJAN SAYANNA GATTUWAR3. SAIRAJ VENKATI GATTUWARVERSUSTHE STATE OF MAHARASHTRA AND OTHERSANDWRIT PETITION NO. 9763 OF 20251. SANDESH HANMANLU GATTUWAR2. SANKET HANMANLU GATTUWAR3. RAJESHWAR SANJAY GATTUWAR4. ANUSHKA DAMANNA GATTUWAR5. NAGESH HANMANLU GATTUWAR6. HANMANLU VENKATI GATTUWAR VERSUSTHE STATE OF MAHARASHTRA AND OTHERS.…Mr. P. R. Katneshwarkar, Senior Advocate a/w Ms SakshiKatneshwarkar, Advocate for the Petitioners Ms Neha B. Kamble, AGP for the Respondents – State .…CORAM: MANISH PITALE ANDY. G. KHOBRAGADE, JJ.DATE:12.08.2025ORDER (Per: Y. G. Khobragade, J.) :- 1.The challenge in the present Petitions is to the ordersdated 23.06.2025 and 14.07.2025, passed by Respondent No.2 1 of 8 (( 2 ))WP-9761 & 9763-2025Scrutiny Committee, invalidating “Mannervarlu” Scheduled TribeCertificates of the Petitioners. 2.Issue notice to the Respondents. The learned AGP waivesnotice on behalf of the Respondents – State Authorities.3.In Writ Petition No.9761 of 2025, Petitioner Nos. 1 and 3are the students who are intending to secure admission to theprofessional courses from the seat reserved for Scheduled Tribecategory, whereas Petitioner No.2 is in service. In Writ Petition No.9763 of 2025, Petitioner Nos.1, 3, 4and 5 are the students who are intending to secure admission to theprofessional courses from the seat reserved for Scheduled Tribecategory, whereas Petitioner Nos. 2 and 6 are in service. Therefore,considering the extreme urgency shown, the Petitions are taken up fordisposal at the stage of admission.4.Heard both the sides at length.5.As per the genealogical tree, Narsimlu Gattuwar, theforefather of the Petitioners in both the Petitions had four sons,namely, Shivayya/Sidhanna, Lachhamanna, Gangaram andVenkanna. Damanna (younger) and Damanna (elder) are the sons of 2 of 8 (( 3 ))WP-9761 & 9763-2025Shivayya/Sidhanna. Narayan and Shankar are the sons of Damanna(younger). Damanna and Shriniwas are the sons of Narayan.Damanna is the son of Shankar. Sidhanna, Venkanna/Venkat andLingabai, are the children of Damanna. Damanna, Dharmabai,Anusayabai, Krushna and Lingabai are the children ofVenkayya/Venkat. Narendra, Naglaxmi, Jayshree and Mahesh arethe children of Damanna. Prathamesh and Bhakti are the children ofKrushna.6.In second branch of tree of Lachhamanna, Rajanna is theson of Lachhamanna. Chandrakala, Rajmani, Venkati, Rajanna,Tirupati, Narsimlu(younger), Narsimly(elder), Lachhamanna/Laxman, are the children of Rajanna. Sanjay, Shailesh and Suresh arethe sons of Venkati. Rahul is the son of Rajanna. Jayshree, Sonali andShriniwas are the children of Narsimlu (younger). Rajesh andSupriya are the children of Narsimlu (elder). Yashda, Anushka andYash are the children of Sonali.7.In third branch of tree, Damanna is the son of Gangaram.Balaji, Laxman, Gangadhar, Nagesh and Ashok are the sons ofDamanna. 3 of 8 (( 4 ))WP-9761 & 9763-20258.In fourth branch of tree, Sayanna, Venkanna, Venkati,Satwaji and Damanna, are the children of Venkanna. Sayanna is theson of Venkanna. Hanmallu, Anjan, Pawan and Anita are the childrenof Sayanna. Abhishek, Aniket and Shraddha are the children ofAnjan. Pranjal and Shrinidhi are the children of Pawan.9.On face of record, it appears that, on different dates, theRespondent No.2 Scrutiny Committee has passed various orders andissued “Mannervarlu” Scheduled Tribe validity certificates in favour ofpaternal blood relatives of the Petitioners in both these Petitions. Soalso, this Court has passed the orders in different Petitions ondifferent dates and granted validity certificates in favour of thePetitioners, as under:-Sr.No.Name Validity granted date1.Krushna Venkanna Gattuwar20.01.2005 by ScrutinyCommittee2.Suresh Venkati Gattuwar03.07.2006 by ScrutinyCommittee3.Pranjal Pavankumar GattuwarWrit Petition No. 7858 of 2024dated 07.08.20244.Mahesh Damanna GattuwarWrit Petition No. 14100 of2023 dated 18.12.20235.Yashda Rajesh GattuwarWrit Petition No.14772 of2017 dated 15.07.2025 4 of 8 (( 5 ))WP-9761 & 9763-20256.Sonali Narsimlu GattuwarWrit Petition No.5584 of 2019dated 19.01.202510.Considering the law laid down in the cases of Mah.Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra &Ors.; AIR 2023 SC 1657, Shweta Balaji Isankar Vs. State ofMaharashtra & Ors., 2018 SCC Online Bom. 10341, Apoorva VinayNichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 andOrs., 2010(6) Mh.L.J. 401, wherein it has been concluded that whenthe biological father, biological siblings, biological uncle etc., aregranted validity certificates, a candidate so related to them, cannot bedeprived of a validity certificate. The present Petitioners are entitledto have a certificate of validity on the ground of parity, however, thesuch validity shall be subject to the outcome of the decision in theproceeding in respect of blood relatives of the Petitioners, which theRespondent No.2 Scrutiny Committed decided to re-open. 11.In Writ Petition No.9761 of 2025, Petitioner Nos. 1 and 3are the students who are intending to secure admission to theprofessional courses from the seat reserved for Scheduled Tribecategory, therefore, they called upon to furnish undertaking that, in 5 of 8 (( 6 ))WP-9761 & 9763-2025case, their caste validity certificates are invalidated by the ScrutinyCommittee, in that event, they shall pay the tuition fees andadmission fees applicable to the candidate from open category and noequity shall lie in their favour. Similarly, Petitioner No.2 who is inemployment against the reserved category. Therefore, Petitioner No.2is called upon to furnish an undertaking that, in case his castecertificate is invalidated by the Scrutiny Committee, in that event, noequity shall lie in his favour.12.In Writ Petition No.9763 of 2025, Petitioner Nos.1, 3, 4and 5 are the students who are intending to secure admission to theprofessional courses from the seat reserved for Scheduled Tribecategory, therefore, they called upon to furnish undertaking that, incase, their caste validity certificates are invalidated by the ScrutinyCommittee, in that event, they shall pay the tuition fees andadmission fees applicable to the candidate from open category and noequity shall lie in their favour. Similarly, Petitioner Nos. 2 and 6 arein employment against the reserved category. Therefore, they arecalled upon to furnish an undertaking that, in case their castecertificates are invalidated by the Scrutiny Committee, in that event,no equity shall lie in their favour. In view of above discussion, the 6 of 8
Decision
(( 7 ))WP-9761 & 9763-2025present Writ Petitions deserve to be allowed partly and the impugnedorders dated 23.06.2025 and 14.07.2025, passed by Respondent No.2Scrutiny Committee, need to be quashed and set aside. Accordingly,we proceed to pass the following order:- O R D E R(i)The Writ Petitions are partly allowed.(ii)The impugned orders dated 23.06.2025 and 14.07.2025,passed by Respondent No.2 Scrutiny Committee are hereby quashedand set aside.(iii)Respondent No.2 Scrutiny Committee shall immediately issue“Mannervarlu” 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.(b) The Petitioner Nos. 1 and 3 in Writ Petition No.9761 of 2025,and the Petitioner Nos. 1, 3, 4 and 5 in Writ Petition No.9763 of2025, shall furnish undertaking before the Registrar (Judicial) ofthis Court as well as before the Scrutiny Committee and theEducational Institution with whom they will take admission forprofessional courses, indicating that in case their caste validity isrevoked, they would deposit the tuition fees and other chargesapplicable to the candidates from open category. 7 of 8 (( 8 ))WP-9761 & 9763-2025(c)The Petitioners shall not claim any equity.(d)The Petitioners shall cooperate with the Scrutiny Committee. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ]SMS 8 of 8