Omkar Datta Singanwad And Another v. The State Of Maharashtra Through Principal Secretary And Others

2025:BHC-AUG:22069-DB WP-5718-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5718 OF 2025

1. OMKAR DATTA SINGANWAD

2. JAYSHREE D/o YASHWANT SINGANWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. Mahesh S. Deshmukh, Advocate h/f Mr. Sagar S. Phatale, Advocate for the Petitioners Mr. S. P. Sonpawale, AGP for the Respondents - State ....

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 12.08.2025 ORDER (Per: Y. G. Khobragade, J.) :- 1.

The challenge in the present Petition is to the order dated 09.04.2025, passed by Respondent No.2 Scrutiny Committee, invalidating "Mannervarlu" Scheduled Tribe certificates of the Petitioners.

2.

We have considered the rival submissions of both the sides.

3.

Petitioner No.1 is the student and intends to secure admission for the professional course from the seat reserved for Scheduled Tribe category. The schedule of admission has started

(( 2 )) as NEET result is declared. So also, Petitioner No.2 who is cousin sister of Petitioner No.1 requires validity certificate for her service purpose. By the impugned order dated 09.04.2025, the Scrutiny Committee has invalidated their "Mannervarlu" Scheduled Tribe certificates. Therefore, taking into consideration the extreme urgency, the Petition is taken up for disposal at the stage of admission. 4.

Heard both the sides at length.

5.

As per the genealogy tree, Gangaram, the great-great grandfather of the Petitioners has three sons, namely, Ramchandra, Shankar and Laxman. Vitthal and Maroti are the sons of Ramchandra. Ram is the son of Shankar. Gangadhar, Lalu, Piraji, Ram and Ganpati are the children of Laxman. Vishwambhar is the son of Vitthal. Yashwant, Jairam and Dharmaji are the sons of Maroti. Vina is the daughter of Ram. Dattatray is the son of Piraji. Ashok, Ananda and Laxman are the the sons of Ganpati. Omkar (Petitioner No.1) and Amol are the sons of Dattatray. Jayshree (Petitioner No.2) is the daughter of Yashwant. Vaishnavi, Vaibhav and Vyankatesh are the children of Jairam. Shivram, Bharat, Jairam, Raosaheb, Ashok, Ramchandra, Sanjay and Ravindra are the children of Gangadhar.

(( 3 )) Sanket and Shraddha are the children of Bharat. Kranti Aresh, Ashwini and Vishar are the children of Ashok. 6.

On face of record, it appears that the various paternal blood relatives of both the Petitioners have been granted conditional validity by this Court under various orders passed in different petitions as well as the Scrutiny Committee has granted "Mannervarlu" Scheduled Tribe certificates in favour of paternal blood relatives of the Petitioners, as under:- Sr.

No.

Name of validity holder Date of validity 1.

Vishwambar Vitthal Singanwad 06.06.2007 2.

Sonali Vishwambar Singanwad 11.10.2007 3.

Vina Ramrao Singanwad 10.05.2010 4.

Vaijanta Vitthalrao Singanwad 21.07.2010 5.

Ananda Ganpati Singanwad 13.01.2011 6.

Shivaji Vishwambar Singanwad 23.02.2011 7.

Vaibhav Jayram Singanwad As per order of High Court dated 03.08.2018 8.

Vaishnavi Jayram Singanwad As per order of High Court dated 03.08.2018 9.

Sanket Bharat Singanwad As per order of High Court dated 31.07.2019 10.

Venkatesh Jayram Singanwad As per order of High Court dated 18.11.2021 11.

Deepak Jayram Singanwad As per order of High Court dated 18.11.2021 12.

Ashvini Ashok Singanwad As per order of High Court dated 18.11.2021

(( 4 )) 7.

Since the paternal blood relatives of the Petitioners are having "Mannervarlu" Scheduled Tribe Validity Certificates, considering the parity, the Petitioners are also entitled to have "Mannervarlu" Scheduled Tribe validity certificate. However, such validity shall be subject to the outcome of the decision in the proceeding in respect of blood relative of the Petitioners, which the Respondent No.2 decided to re-open. The Scrutiny Committee has not denied the relationship between paternal blood relatives and the validity holders of the present Petitioners.

8.

Considering the law laid down in the cases of Mah. Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra & Ors.; AIR 2023 SC 1657, Shweta Balaji Isankar Vs. State of Maharashtra & Ors., 2018 SCC Online Bom. 10341, Apoorva Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and Ors., 2010(6) Mh.L.J. 401, wherein it has been concluded that when the biological father, biological siblings, biological uncle etc., are granted validity certificates, a candidate so related to them, cannot be deprived of a validity certificate. The present Petitioners are entitled to have the certificates of validity.

(( 5 )) 9.

The Petitioner No.1 appears to be aspiring student for professional course. Therefore, he is called upon to furnish undertaking that, in case, his caste validity certificate is invalidated by the Scrutiny Committee, in that event, he shall pay the tuition fees and admission fees applicable to the candidate from open category and no equity shall lie in his favour. Similarly, Petitioner No.2 who is in employment against the reserved category. Therefore, she is called upon to furnish an undertaking that, in case her caste certificate is invalidated by the Scrutiny Committee, in that event, no equity shall lie in her favour. In view of above discussion, the present Writ Petition deserves to be allowed partly and the impugned order dated 09.04.2025, passed by Respondent No.2 Scrutiny Committee, needs to be quashed and set aside. Accordingly, we proceed to pass the following order:-

O R D E R

(i) The Writ Petition is partly allowed.

(ii) The impugned order dated 09.04.2025, passed by Respondent No.2 Scrutiny Committee is hereby quashed and set aside. (iii) Respondent No.2 Scrutiny Committee shall immediately issue "Mannervarlu" Scheduled Tribe validity certificates in favour of the Petitioners, which shall be subject to following conditions:-

(( 6 )) (a) The caste validity certificates shall be subject to the outcome of the re-verification of the validity certificates of their blood relatives proposed by the Scrutiny Committee. (b) The Petitioner No.1 shall furnish an undertaking before the Registrar (Judicial) of this Court as well as before the Scrutiny Committee and the Educational Institution with whom he will take admission for professional course, indicating that in case his caste validity is revoked, he would deposit the tuition fees and other charges applicable to the candidates from open category. (c) The Petitioners shall not claim any equity.

(d) The Petitioners shall cooperate with the Scrutiny Committee. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS