High Court
Legal Reasoning
WP-10416-2025.odtIN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABADWRIT PETITION NO. 10416 OF 20251. SHREYA ANILRAO MACHEWAD2. SHIVANI ANILRAO MACHEWADVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER.…Mr. C. R. Thorat, Advocate for the Petitioners Mr. R. K. Ingole, AGP for the Respondents – State .…CORAM: MANISH PITALE ANDY. G. KHOBRAGADE, JJ.DATE:21.08.2025ORDER (PER: Y. G. KHOBRAGADE, J.) :- 1.The challenge in the present Petition is to the orderdated 25.07.2025, passed by Respondent No.2 ScrutinyCommittee, invalidating “Mannervarlu” Scheduled Tribe certificateof the Petitioners. 2.Issue notice to the Respondents. Learned AGP waivesnotice on behalf of the Respondents.3.The Petitioners are intending to secure admission tothe professional courses from the seat reserved for Scheduled 1 of 7
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(( 2 ))WP-10416-2025Tribe Category. Therefore, considering the extreme urgency shown,the Petition is taken up for disposal at the stage of admission.4.As per the genealogical tree, Maneji Machewad and BabaMachewad, are the real brothers. Mahadji is the son of Maneji.Manika and Lingaji are the children of Baba. Ganpat, Sambhaji,Maroti, Chandar and Govindrao, are the children of Mahadji.Satyanarayan, Baburao, Ramanand, Brahmanand and Pandurang, arethe children of Maroti. Balaji, Vimal, Dadarao, Satwashila, DadaraoBapurao and Anusaya, are the children of Chandar. Sunil, Anil andGajanan, are the sons of Govindrao. Ramkrushna is the son ofSatyanarayan. Nitish and Nishita are the children of Baburao. Shwetaand Abhishek are the children of Ramanand. Amit and Akanksha arethe children of Brahmanand. Yash and Aditya are the sons ofPandurang. Shrikint, Shriram and Jyoti are the children of Balaji.Saurabh and Hrithik, are the sons of Sunil. Shreya (Petitioner No.1)and Shivani (Petitioner No.2) are the children of Anil. Soham andSmit are the children of Gajanan.5.On face of record, it appears that Respondent No.2, on29.08.2002, granted Mannervarlu Scheduled Tribe validity certificate 2 of 7 (( 3 ))WP-10416-2025in favour of Anil Govindrao Machewad, the father of the presentPetitioners. 6.On 04.07.2006, the Scrutiny Committee, passed an orderand granted “Mannervarlu” Scheduled Tribe validity certificate infavour of Gajanan Govindrao Machewar, the real uncle of the presentPetitioners. So also, the Scrutiny Committee has issued followingvalidity certificates in favour of paternal blood relatives of the presentPetitioners, as under:-Sr.No.NameDate1.Nitishkumar Bapurao Machewad17.11.20042.Dadarao Chandarrao Machewad17.11.20043.Satvashila Chandarrao Machewad27.01.20044.Shriram Balaji Machewad14.09.20075.Shrikant Balaji Machewad02.01.20066.Bapurao Marotirao Machewad21.08.20067.Sunil Govindrao Machewad09.06.20057.On 26.09.2023, this Court, passed an order in WritPetition No.11103 of 2022 and other three connected petitions anddirected the Scrutiny Committee to issue conditional “Mannervarlu”validity certificates in favour of the Petitioners therein, subject tooutcome of verification of validities of the paternal blood relatives of 3 of 7 (( 4 ))WP-10416-2025the Petitioners, which have undertaken for reverification by theScrutiny Committee. 8.No doubt, Shri Sunil Govindrao Machewad and others,the paternal blood relatives, are served with show cause notices bythe Scrutiny Committee for recalling of their validity certificates,however, on 27.01.2025, this Court passed an order in Writ PetitionNo.1017 of 2025 and stayed the effect and operation of show causenotice. Therefore, it prima-facie appears that the validity certificatesissued in favour of the paternal blood relatives of the Petitioners, arestill intact. Therefore, considering the law laid down in the cases ofMah. Adiwasi Thakur Jamat Swarakshan Samiti Vs. State ofMaharashtra & Ors.; AIR 2023 SC 1657, Shweta Balaji Isankar Vs.State of Maharashtra & Ors., 2018 SCC Online Bom. 10341, ApoorvaVinay Nichale Vs. Divisional Caste Certificate Scrutiny CommitteeNo.1 and Ors., 2010(6) Mh.L.J. 401, wherein it has been concludedthat when the biological father, biological siblings, biological uncleetc., are granted validity certificates, a candidate so related to them,cannot be deprived of a validity certificate. The present Petitionersare entitled to have certificate of validity on the ground of parity,however, the such validity shall be subject to the outcome of the 4 of 7 (( 5 ))WP-10416-2025decision in the proceeding in respect of blood relatives of thePetitioners, which the Respondent No.2 Scrutiny Committed decidedto re-open. 9.The learned counsel for the Petitioners submitted that theblood relatives of the Petitioners, namely, Sunil Govindrao Machewadand others have been served with notices for revocation of theirvalidities. It is submitted that the said blood relatives of thePetitioners are voluntarily ready and willing to execute undertakingbefore the Scrutiny Committee, to cooperate in the decision regardingrevocation of their validities. Therefore, it would be just and properto direct Sunil Govindrao Machewad and others to file separateundertakings before the Scrutiny Committee, immediately, statingthat they will cooperate with the Scrutiny Committee in respect of theproceedings.10.Since the petitioners appear to be aspiring candidates foradmission to professional courses and they intend to secure admissionunder the Scheduled Tribe reserved category, they are directed tofurnish undertaking that, in the event their claims are invalidated byRespondent No.2 Scrutiny Committee, they shall pay the tuition and 5 of 7
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(( 6 ))WP-10416-2025admission fees applicable to a candidate from open category and noequity shall lie in their favour. 11.In view of the above discussion, the present Petitiondeserves to be partly allowed and the impugned order dated25.07.2025, passed by Respondent No.2, needs to be quashed and setaside. Accordingly, we proceed to pass the following order:- O R D E R(i)The Writ Petition is partly allowed.(ii)The impugned order dated 25.07.2025, passed by RespondentNo.2 Scrutiny Committee, is hereby quashed and 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 certificate shall be subject to the outcomeof the re-verification of the validity certificate of their bloodrelatives proposed by the Scrutiny Committee.(b)The Petitioners shall furnish undertaking before the Registrar(Judicial) of this Court as well as before Respondent No.2Scrutiny Committee and the Educational Institution withwhich they seek admission for professional courses, statingthat in the event of their caste validity is revoked, they shall 6 of 7 (( 7 ))WP-10416-2025deposit the tuition fees and other charges applicable to thecandidates from open category. (c) The Petitioners shall not claim any equity.(d)The Petitioners shall cooperate with the Scrutiny Committee. (iv)Mr. Sunil Govindrao Machewad and others, who are bloodrelatives of the Petitioners, shall furnish undertaking before theScrutiny Committee, stating that they will cooperate and appearbefore the Scrutiny Committee as and when called upon.(v)The Writ Petition is disposed of. Pending applications, if any,also stand disposed of. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ]SMS 7 of 7