High Court
Legal Reasoning
wp10470-25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABADWRIT PETITION NO. 10470 OF 20251.Yash s/o Sunil DarekarAge 19 years, Occu: EducationR/o Indrayani Colony, Dhulewadi,Sangamner, Dist. Ahilyanagar...Petitioners2.Ashlesha d/o Sandeep Darekar,Age 21 years, Occu: EducationR/o Ghulewadi, Karkhana Phata,Welhale Road, SangamnerDistrict AhilyanagarVERSUS1.The State of Maharashtra,Through its SecretaryTribal Development Department,Mantralaya, Mumbai 322.Scheduled Tribe Certificate ScrutinyCommittee, Nashik Division,Nashik, Through its Member Secretary... RespondentsMr. Deepak D. Choudhari, Advocate for the petitioners,Mr. A. R. Kale, AGP for the Respondents StateCORAM: MANISH PITALE & Y. G. KHOBRAGADE, JJ.DATE:22.08.2025ORDER (Per: Y. G. Khobragade, J.) 1.By the present petition under Article 226 of the Constitutionof India, the Petitioners, who are cousin brother and sister, takeexception to the order dated 08.08.2024 passed by Respondent No.2Page 1 of 7
Legal Reasoning
wp10470-25Scrutiny Committee, thereby invalidating their "Koli Mahadev" ScheduleTribe Certificates.2.Issue notice to the respondents. Learned AGP waives notice onbehalf of the respondents.3.The petitioners are the students and they are intending tosecure admission to the professional courses from the seat reserved forthe Scheduled Tribe Category. Therefore, considering the urgencyshown, the petition is taken up for 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 dated08.08.2024, 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, Kushaba Darekar, forefather ofthe petitioners had two sons namely Nana and Ganpat. Nana hasPage 2 of 7 wp10470-25three sons namely Uttamrao, Radhakisan (Validity holder) andRamnath. Sandip, Jyoti, Swati, Pradip (Validity holder) andJayshree (Validity holder) are the children of Uttamrao NanaDarekar. Sunil, Anil (Valdity holder) and Yogesh (Validityholder( are the sons of Radhakisan Nana Darekar. Petitioner No.2 -Ashlesha is the daughter of Sandip Uttamrao Darkar (validityholder). Petitioner No. 1-Yash is the son of Sunil RadhakisanDarekar. 7.On face of record, it appears that on 18.12.2004, theRespondent Scrutiny Committee had granted validity certificate ofbelonging to "Koli Mahadev" Scheduled tribe in favour of SandipUttamrao Darekar, father of petitioner no.2 and real uncle ofpetitioner No.1. On 15.07.2019, the Respondent Scrutiny Committeehad granted validity certificate of belonging to "Koli Mahadev"Scheduled tribe in favour of Pranjal Sandip Darekar, real sister ofpetitioner no.2 and cousin sister of Petitioner No.1. On 14.11.2003,the Respondent Scrutiny Committee had granted validity certificateof belonging to "Koli Mahadev" Scheduled tribe in favour ofRadhakisan Nana Darekar, real grandfather Petitioner No.1 andcousin grandfather of Petitioner No.2. On 08.01.2007, theRespondent Scrutiny Committee had granted validity certificate ofPage 3 of 7 wp10470-25belonging to "Koli Mahadev" Scheduled tribe in favour of AnilRadhakisan Darekar, real uncle of petitioner no.1 and cousin uncleof Petitioner No.2. On 25.01.2012, the Respondent ScrutinyCommittee had granted validity certificate of belonging to "KoliMahadev" Scheduled tribe in favour of Yogesh Radhakisan Darekar,real uncle of petitioner no.1 and cousin uncle of Petitioner No.2.8.Respondent No.2 passed the impugned order andinvalidated the scheduled tribe claim of the petitioners on the groundthat paternal blood relatives of the petitioner obtained validitycertificates on the basis of false document and concealment oforiginal record and therefore, notice for revocation of their validitycertificates was issued. However, as on today, the validity certificatesof Koli Mahadev Scheduled Tribe issued in favour of blood relatives ofthe petitioners, including their father, real uncle are still in operation.Admittedly, the validity holders are the blood relatives of the petitionerand the committee has not denied the same. 9.In cases of Mah. Adiwasi Thakur Jamat Swarakshan SamitiVs. State of Maharashtra & Ors.; AIR 2023 S.C. 1657, Shweta BalajiIsankar 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 beenPage 4 of 7 wp10470-25concluded 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 parity 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.10.Learned counsel for the petitioners voluntarily submittedthat blood relatives of the petitioners to whom the notice forrevocation of validity has been served shall forthwith execute anundertaking before the Respondent No.2 Committee that they wouldregularly appear in the matter and shall cooperate with theCommittee for early decision in the said matter.11.The Petitioners appear to be the aspiring students for theprofessional courses. Therefore, they are called upon to furnishundertaking that, in case, their caste validity certificates areinvalidated by the Scrutiny Committee, in that event they shall paythe tuition fees and admission fees applicable to the candidates fromopen category and no equity shall lie in their favour. Page 5 of 7
Decision
wp10470-2512.In view of above discussion, the present Petition deserves tobe allowed partly and the impugned order dated 08.08.2024 passedby Respondent No.2 Scrutiny Committee needs to be quashed and setaside. Accordingly, we proceed to pass the following order:-O R D E Ri)The Writ Petition is partly allowed.ii)The impugned order dated on 08.08.2024, 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.(b)The Petitioners shall furnish undertaking before the Registrar(Judicial) of this Court as well as before the Scrutiny Committeeand the Educational Institutions with whom they will takeadmissions for professional courses, indicating that in case theircaste validity is revoked, they would deposit the tuition fees andother charges applicable to the candidates from open category. (c) The Petitioners shall not claim any equity.(d)The Petitioners shall cooperate with the Scrutiny Committee.Page 6 of 7 wp10470-25iv) Mr. Sandip Uttamrao Darekar, Pradip Uttamrao Darekar, AnilRadhakisan Darekar, Yogesh Radhakisan Darekar and other bloodrelatives of the Petitioners, who are served with notice of revocationof their validity, shall furnish undertaking before the ScrutinyCommittee, stating that they will cooperate and appear before theScrutiny Committee as and when called upon.( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. )JPChavan Page 7 of 7