Mayur Ramrao Jangewad v. The State Of Maharashtara Thr Its Secretary And Others

2025:BHC-AUG:32109-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

936 WRIT PETITION NO. 8306 OF 2021 Mayur S/o Ramrao Jangewad Age : 19 years, Occ : Education, R/o Sibdara (J), Tq. Himayatnagar, Dist. Nanded.

..PETITIONER -VERSUS1.

The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai.

2.

The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Dy. Director (R), Aurangabad.

3.

The Principal, Vasantrao Naik Junior College, Islampur, Tq. Kinwat, Dist. Nanded.

..RESPONDENTS WITH WRIT PETITION NO. 13281 OF 2021 Manoj S/o Ramrao Jangewad Age : 23 years, Occ : Education, R/o Sibdara (J), Tq. Himayatnagar, Dist. Nanded.

..PETITIONER -VERSUS1.

The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai.

2.

The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Dy. Director (R), Aurangabad.

3.

The Principal, Yashashri Campus and Vocational Centre, Bhokar, Tq. Bhokar, Dist. Nanded.

..RESPONDENTS Advocate for the Petitioner : Mr. S.M. Vibhute AGP for Respondent/State: Mr. A.V. Lavte ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL-JADHAV, JJ.

DATED : 19th NOVEMBER, 2025.

JUDGMENT (PER NITIN B. SURYAWANSHI, J.) :

.

Writ Petition No.13281/2021, not on board. Upon mentioning taken on board.

2.

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

3.

By these petitions filed under Article 226 of the Constitution of India, the petitioners, real brothers, challenge the common order of the Scrutiny Committee dated 16.02.2021, invalidating the tribe claims of the petitioners that they belong to 'Koli Mahadev', Scheduled Tribe.

4.

Heard learned Advocate for the petitioners and learned A.G.P. for the State. Perused the original record made available by the learned A.G.P.

5.

Petitioners in support of their claim have relied upon 17 documents, most of these, are of the recent origin between 14.03.1971 and 24.07.2013. During the vigilance cell inquiry, school entries of

blood relations of the petitioners, the oldest one dated 19.02.1959 of Baliram Gyanba Jangewad, cousin uncle and Mukta Gyanba Jangewad, aunt were obtained, wherein their caste is mentioned as `Koli'. In all the school records of the paternal relatives of the petitioners, their caste is mentioned as `Koli'.

6.

Petitioners have relied upon the certificate of validity issued to their father Ramrao Gyanba Jangewad on 26.05.2010. The Committee has observed that in the school record of father of petitioners of Zilla Parishad Primary School, Sibdara(J), Tq.Himayatnagar, Dist. Nanded, though in the caste column, there is entry of `Mahadev Koli', however, the word `Mahadev' is in different ink and handwriting. This fact was suppressed from the Committee and petitioners' father has obtained validity certificate. Indisputably, showcause notice is issued to the petitioners' father as to why the said certificate should not be cancelled. Therefore, petitioners cannot derive any benefit of issuance of validity certificate in favour of their father. 7.

Petitioners have also relied upon the record of primary school at Mukhed of Baliram Gyanba Jangewad. Significantly, there is school record of Baliram that he had taken admission at Zilla Parishad Primary School, Sabdara (J) along with his sister Mukta on 19.02.1959 and in the caste column, their caste is mentioned as `Koli'. It is therefore not possible to believe that immediately in the month of July, Baliram has taken admission at Mukhed Primary School, which is situated at a distance of more than 125 Kms from his native place Sibdara. Therefore, that entry is doubtful and cannot be of any help to the petitioners. Apart from the above, there is no document on record to substantiate the claim of the petitioners that they belong to Koli

Mahadev caste. The petitioners have also failed in affinity test. 8.

The Committee has properly appreciated the material on record and has by a reasoned order invalidated the tribe claims of the petitioners. There is no illegality or perversity in the order passed by the Scrutiny Committee. No ground is made out by the petitioners to interfere in the impugned decision of the Committee. Writ Petitions, being devoid of merit, are dismissed.

9.

Rule is discharged accordingly.

(VAISHALI PATIL-JADHAV,J.) ( NITIN B. SURYAWANSHI,J.) sga