Swanand Venkatesh Mamilwad v. The State Of Maharashtra Through Its Principal Secretary And Others

2025:BHC-AUG:6686-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 WRIT PETITION NO. 3163 OF 2025 SHUBHAM VENKATESH MAMILWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER WITH 934 WRIT PETITION NO. 3180 OF 2025 SWANAND VENKATESH MAMILWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Mr.C.R.Thorat, Advocate for the petitioners.

Mr.R.I.Ingole, AGP for the respondent/State.

( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : MARCH 6, 2025 PER COURT :

1.

The petitioners, by way of these separate writ petitions, are challenging a common judgment and order dated 25.02.2025 whereby the respondent/Scrutiny Committee has refused to validate their 'Mannervarlu' Scheduled Tribe Certificates.

- 2 - 2.

Issue notice to the respondents. The learned AGP waives service of notice on behalf of both the respondents. 3.

With the consent, we have taken up the matters for final disposal.

4.

It is being pointed out that a common vigilance enquiry was conducted in the matter of 5 individuals Ramesh Shankar Mamilwad, Kavita Pandhari Mamilwad, Onkar Pandhari Mamilwad, Madhushri Prakash Mamilwad and Sampada Sahebrao Mamilwad. That vigilance enquiry has been used by the Committee while deciding the petitioners' proposals as is evident from Sub clause 2 of clause B of paragraph No.3 of the impugned order. Having faced with invalidation, all these aforementioned 5 individuals had preferred separate writ petitions, which have been allowed holding them entitled to have certificates of validity with a condition super aided. 5.

Since there is no dispute about the fact that a common vigilance enquiry conducted in the matters of these 5 individuals has been used for deciding the petitioners' claims, when these 5 individuals

- 3 - have subsequently found by this Court entitled to have validity certificates, no separate reasons are required to be assigned. 6.

For the same reasons as have been recorded by this Court in WP No.2080/2024 decided on 18.07.2024 and WP No.1545/2024 and connected writ petitions decided on 26.11.2024, both these petitions are allowed partly. The impugned judgment and order is quashed and set aside. The Committee shall immediately issue certificates of validity to both the petitioners, which shall be coterminus with the validities which the Committee has decided to reopen. ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)