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Bombay High CourtWP/749/2025disposed off

Sarthak Sanjay Deshtwar Thr Father And Natural Guardian Sanjay Naganna Deshatwar v. The State Of Maharashtra Through Its Secretary And Another

2025-01-16Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2025:BHC-AUG:1378-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 WRIT PETITION NO. 749 OF 2025 SARTHAK SANJAY DESHTWAR THR FATHER AND NATURAL GUARDIAN SANJAY NAGANNA DESHATWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER Mr.S.M.Vibhute, Advocate for the petitioner.

Mr.R.K.Ingole Patil, AGP for the respondent/State. ( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : JANUARY 16, 2025 PER COURT :

1.

The petitioner is challenging the order of invalidation dated 30.10.2024 whereby the respondent/Committee has refused to validate his 'Mannervarlu' Scheduled Tribe certificate. 2.

With consent, we have heard both the sides finally. 3.

It is being pointed out that the real sisters Pratiksha and Samiksha, who have also faced the similar invalidation, had challenged the orders in their respective matters and in WP No.6093/2019 by the khs/Jan.2025/749

- 2 - order dated 21.09.2019 and WP No.6094/2019 by the order dated 07.01.2021. Those orders were quashed and set aside by this Court directing the certificates of validity to be issued to them making those subject to the final outcome of the matters of the validity holders, which the Committee had decided to re-open.

4.

Since it is a matter of social justice, when the 2 real sisters already possess certificates of validity, the petitioner cannot be treated differently, more so, when according to his learned Advocate, he is ready to run the consequences contemplated to in Shweta Balaji Isankar Vs. State of Maharashtra and others [2018 SCC Online Bombay 10363] and ready to receive a conditional validity.

5.

The writ petition is allowed. The impugned order is quashed and set aside. The Committee shall issue certificate of validity, which shall be co-terminus with the validities, which the committees have decided to re-open.

( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) khs/Jan.2025/749