Amol Maroti Konkatwar v. State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:16948-DB -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1455 OF 2025 Amol S/o Maruti Konkatwar, Age : 30 years, Occu : Service, R/o : Bhaktapur, Tq. Degloor, Dist. Nanded .... Petitioner

Versus

The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai Scheduled Tribe Caste Certificate Verification Committee, Kinwat Head Quarter, Chhatrapati Sambhajinagar, Through its Member Secretary The Collector, Jalna District, Jalna.

4.

The Tahsildar Ambad, Tq. Ambad, Dist. Jalna .... Respondents ...

Advocate for the Petitioner : Mr. P. B. Gapat AGP for Respondents-State : Mr. V. M. Kagne ...

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

Dated : June 27, 2025

-2ORAL JUDGMENT :- 1.

Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

2.

The Petitioner is in service with Respondent No. 4. He secured employment on a post which was reserved for the 'Mannervarlu" Scheduled Tribe. He claims to be belonging to the said community. Having obtained a job on the claim of belonging to the reserved category, he moved for validation and by the impugned order dated 22.01.2025, the claim has been invalidated. 3.

This Court has delivered an order on 24.02.2025 in Writ Petition Nos. 12300 of 2024, 12313 of 2024 and 12315 of 2024. These Petitioners namely Girish Gangadhar Konkatwar, Gayatri Gangadhar Konkatwar and Amit Maroti Konkatwar, have been conditionally granted Validity Certificates in view of Shweta Balaji Isankar vs. State of Maharashtra [(2018) SCC OnLine Bom 10363]. 4.

Amit Maroti is the biological younger brother of the present

-3Petitioner Amol Maroti. Girish Gangadhar and Gayatri Gangadhar are siblings, who are the children of Gangadhar. The present Petitioner's and Amit's father, is Maruti who is the biological brother of Gangadhar. Ramlu had two sons namely Maruti and Pandhari and four daughters namely Laxmi, Anjanbai, Gangamani and Sushila. Now Girish and Gayatri and Amit have also been granted the Validity Certificate. There are several other Validity Holders from the clan originating from Ballyya / Balanna Konkatwar. For clarity, Balayya had two sons namely Yellappa and Iranna. All the above mentioned candidates are from the branch of Yellappa. Even from the branch of Iranna, there are several Validity Holders. This entire family relationship is visible from page 63 in the Petition Paper-book.

5.

The learned AGP had sought an overnight passover yesterday to take instructions as regards the relationship. On instructions, he submits that the relationship of these persons with Amol Maroti Konkatwar, are undisputed.

6.

Since this Court has applied the law laid down in Shweta Balaji Isankar (supra), in the case of Girish, Gayatri and Amit (supra),

-4this Petition is partly allowed. The impugned order dated 22.01.2025 stands quashed and set aside. The Petitioner would be granted a conditional Validity Certificate within 30 days from today. The Respondent - Employer would refrain from initiating any action against the present Petitioner. Needless to state, the law laid down in Shweta Balaji Isankar (supra), would be squarely applicable to the present Petitioner if any of the Validity Holders referred to here-in-above, suffers invalidation after reopening of the case. 7.

Rule is made party absolute in the above terms. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) Omkar Joshi