Balashaheb Goroba Boyne v. The State Of Maharashtra Thruogh Its Secretary And Others

2025:BHC-AUG:7560-DB 1 950.WP.3533.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3533 OF 2025 BALASHAHEB GOROBA BOYNE

VERSUS

1. THE STATE OF MAHARASHTRA THR. ITS SECRETARY TRIBAL DEVELOPMENT DEPARTMENT MANTRALAYA, MUMBAI - 32

2. THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, REGION CHHATRAPATI SAMBHAJINAGAR, CHHATRAPATI SAMBHAJINAGAR, THR. ITS DEPUTY DIRECTOR (R)

3. THE DEPUTY DIRECTOR, VOCATIONAL EDUCATION AND TRAINING DIVISIONAL OFFICE, NAGPUR ...

Advocate for the Petitioner : Mr. Jadhavar Pratap V. AGP for Respondents: Ms. P.J. Bharad ...

CORAM

: MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 13.03.2025 PER COURT:

Heard.

2.

Issue notice to the respondents. Learned AGP waives service for all respondents. With the consent of both the sides, we have heard them finally and are disposing of this petition at the stage of admission. 3.

The petitioner's claim has been rejected by the Committee by the impugned judgment and order dated 04.03.2025 refusing to validate his 'Koli Mahadev' scheduled tribe certificate. 4.

It is apparent that he was served with a copy of vigilance inquiry report conducted in the matter of three siblings Vijay Uttam Boyne, Ajay Uttam Boyane and Manshri Uttam Boyane, dated

2 950.WP.3533.25.odt 16.07.2024. This demonstrates that the evidence collected during that vigilance inquiry has been used by the Committee for deciding the petitioner's claim. Having faced invalidation, Vijay, Ajay and Manshri had preferred separate writ petitions bearing WP No.8668/2024, WP No.8675/2024 and WP No.9147/2024. By separate judgments dated 14.08.2024 and 26.08.2024 their petitions were allowed. The orders of the committee invalidating their claims have been quashed and set aside and they were held entitled to have certificates of validity. 5.

For the self same reasons in the matter of Vijay, Ajay and Manshri, the writ petition is allowed partly. The impugned judgments and order is quashed and set aside. The respondent - Committee shall immediately issue certificate of validity to the petitioner as belonging to 'Koli Mahadev' scheduled tribe. The validity shall be subject to the final outcome of the matters which the committee has decided to reopen. 6.

The petitioner shall not be entitled to claim equities. (Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) habeeb/