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wp10844-25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABADWRIT PETITION NO. 10844 OF 2025Lokesh Kamlakar SaindaneAge 18 years, Occu: EducationR/o Plot No.7, Chawara ChowkIndira Nagar, Nashik...PetitionerVERSUS1.The State of Maharashtra,Through its SecretaryTribal Development Department,Mantralaya, Mumbai 322.Joint Commissioner-cum- Vice Chairman,Scheduled Tribe Certificate Scrutiny Committee, Dhule... Respondents3. Dr. D.Y. Patil Pratisthan College ofEngineering, Akurdi Pune,Through its Pricipal4. State Common Entrance Test Cell, Maharashtra State, Fort, MumbaiMr. M. R. Wagh, Advocate for the petitioner,Ms. Saie S. Joshi, AGP for the Respondents StateMr. Sujeet C. Karlekar, Advocate for Respondent No.4CORAM: MANISH PITALE & Y. G. KHOBRAGADE, JJ.DATE:4th September, 2025ORDER (Per: Y. G. Khobragade, J.) 1.The challenge in the present Petition is to the order dated3rd September, 2025, passed by Respondent No.2 ScrutinyPage 1 of 6 wp10844-25Committee in Case No. 14/499/Edu/092024/134175, invalidating“Tokre Koli” Scheduled Tribe claim of the Petitioner.2.Issue notice to the respondents. Learned AGP waives noticeon behalf of Respondent Nos. 1 and 2. Learned counsel Mr. Karlekarappears on behalf of Respondent No.4.3.The petitioner is a student and requires validity for educationpurpose. The petitioner claims that he belongs to Tokre Koli ScheduleTribe and he is intending to secure admission to professional coursefrom the seat reserved for the Scheduled Tribe Category. Schedule ofadmissions has started as CET result is declared. Therefore, consideringthe urgency shown, the petition is taken up for disposal at the stage ofadmission. 4.Having regard to the submissions canvassed on behalf of boththe sides, we have gone through the record. 5.As per genealogical tree, Govind Mohanji Saindane,forefather of the petitioner had two sons namely Kalu and Mahadu.Kautik is the son of Kalu. Kadu is the son of Mahadu. Kautik KaluSaindane has four children namely Eknath, Jagannath, Vinayak(Validity holder) and Shobha. Kamlakar Eknath Saindane (validityholder) is the father is the petitioner. In another branch ofPage 2 of 6 wp10844-25genealogy, Kadu is the son of Mahadu Govind Saindane. Adhar is theson of Kadu Mahadu Saindane. Adhar has four children namelyPrakash (Validity holder and cousin uncle of petitioner), Hiralal,Bharat and Mangala. Dipali (validity holder), Kalpesh, and Manoj,cousins of the petitioners, are the children of Prakash AdharSaindane.6.On face of record, it appears that on 25.06.2010, theScrutiny Committee had granted validity certificate of belonging toTokre Koli Schedule Tribe in favour of Kamlakar Eknath Saindane,father of the petitioner. Further, on 18.01.1991, this court passedorder in Writ Petition No. 2747 of 1991 and directed the committeeto issue validity of belonging to Tokre Koli Scheduled Tribe in favourof Prakash Adhar Saindane, cousin grandfather of the petitioner.On 22.07.2009, the Scrutiny Committee had granted validitycertificate of belonging to Tokre Koli Schedule Tribe in favour ofKalpesh Prakash Saindane, cousin of the petitioner. On 22.07.2009,the Scrutiny Committee had granted validity certificate of belongingto Tokre Koli Schedule Tribe in favour of Manoj Prakash Saindane,cousin of the petitioner. 7.Respondent No.2 passed the impugned order andinvalidated the scheduled tribe claim of the petitioner on the groundsPage 3 of 6 wp10844-25the petitioner has failed to prove the affinity test and that thepaternal blood relatives of the petitioner obtained validity certificateson the basis of false documents and concealment of original recordand therefore, notice for revocation of their validity certificates wasissued. However, as on today, the validity certificates of "Tokre Koli"Scheduled Tribe issued in favour of blood relatives of the petitioner,including father are still in operation. Admittedly, the validity holdersare the blood relatives of the petitioner and the Committee has notdenied the same. 8.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 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 parity with the blood relatives of the petitioner, thepetitioner is entitled to have conditional validity subject to outcome ofthe decision in the proceedings in respect of the blood relatives of thepetitioner, which the committee has decided to reopen.Page 4 of 6 wp10844-259.Learned counsel for the petitioner voluntarily submittedthat blood relatives of the petitioner 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. 10.The Petitioner appears to be the aspiring student for theprofessional course. Therefore, he is called upon to furnishundertaking that, in case, his tribe validity certificate is invalidatedby the Scrutiny Committee, in that event he shall pay the tuition feesand admission fees applicable to the candidates from open categoryand no equity shall lie in his favour. 11.In view of above discussion, the present Petition deserves tobe allowed partly and the impugned order dated 3rd September,2025 passed by Respondent No.2 Scrutiny Committee needs to bequashed and set aside. Accordingly, we proceed to pass the followingorder:-O R D E Ri)The Writ Petition is partly allowed.ii)The impugned order dated 3rd September, 2025, passed byPage 5 of 6 wp10844-25Respondent No.2 Scrutiny Committee is hereby quashed and setaside.iii)Respondent No.2 Scrutiny Committee shall immediately issue“Tokre Koli” Scheduled Tribe validity certificate in favour of thePetitioner, which shall be subject to following conditions:-(a)The caste validity certificate shall be subject to the outcome ofthe re-verification of the validity certificates of the his bloodrelatives, if any, proposed by the Scrutiny Committee.(b)The Petitioner shall furnish undertaking before the Registrar(Judicial) of this Court as well as before the Scrutiny Committeeand the Educational Institution with whom he will takeadmission for professional course, indicating that in case hiscaste validity is revoked, he would deposit the tuition fees andother charges applicable to the candidates from open category. (c) The Petitioner shall not claim any equity.(d)The Petitioner shall cooperate with the Scrutiny Committee.v) Shri Kamlakar Ram Saindane and other blood relatives of thePetitioner, to whom the notice for revocation of validity has beenserved, shall immediately 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 6 of 6