Sunil Hanmant Pallewad v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:8151-DB 76-WP-3611-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 76 WRIT PETITION NO. 3611 OF 2025 SUNIL HANMANT PALLEWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. C. R. Thorat, Advocate for the Petitioner Mr. S. R. Wakale, AGP for the Respondent - State ....

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

DATE : 17.03.2025 PER COURT :- The petitioner is challenging the order of the scrutiny committee dated 04.03.2025 refusing to validate his 'Mannervarlu' Scheduled Tribe certificate.

2.

Issue notice to the respondents. Learned AGP waives service for all the respondents.

3.

We have heard both the sides finally.

4.

The impugned judgment and order in paragraph No.5 expressly mentions that a vigilance inquiry was conducted in the matter of Janhavi Irwant Pallewad. In all probability, being the blood relative, the committee had allowed the petitioner to adopt

(( 2 )) 76-WP-3611-2025 the reply filed by her to the vigilance inquiry report conducted and submitted in her matter.

5.

Having suffered invalidation, Janhavi had preferred writ petition No.1151 of 2022. By the judgment and order dated 02.02.2022, the petition was allowed and she was held entitled to have a certificate of validity.

6.

The aforementioned facts may it evident that same set of evidence is a subject matter of scrutiny while deciding Janhavi's matter as also the petitioner's claim.

7.

For the reasons recorded in the matter of Janhavi, the writ petition is allowed. The impugned order is quashed and set aside. The committee is directed to issue a certificate of validity to the petitioner of 'Mannervarlu' scheduled tribe. Its validity shall be subject to the final outcome of the matters which the committee has decided to reopen. The petitioners shall not be entitled to claim equities.

[ Y. G. KHOBRAGADE, J. ] [ MANGESH S. PATIL, J.] SMS