Zeba Idris Khan v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:17476-DB 30.WP.7979.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7979 OF 2025 Zeba Idris Khan

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

***  Ms. N. S. Shah h/f Mr. Swapnil S. Patil, for Petitioner.  Ms. Neha B. Kamble, AGP for Respondent Nos.1 to 5. *** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 07th JULY 2025.

P. C. :

1.

The grievance of the petitioner in this petition is that the respondent No.6 has been issued a false tribe certificate. Initially, this petition was filed as a criminal writ petition seeking a direction to respondent No.4 - Superintendent of Police, to initiate enquiry into the matter. On 30th April 2025, the learned counsel appearing for the petitioner sought permission from Division Bench of this Court assigned criminal writ petitions, to convert the petition into a civil writ petition. In this backdrop, this petition has come before this Bench. 2.

The prayer clause remains the same and we fail to understand as to how replacing the word "Criminal" with "Civil" can render the present petition maintainable before this Bench, without Shrikant Malani

30.WP.7979.2025.doc any change in the prayer clause made in the petition. 3.

In any case, this petition is wholly misconceived, for the reason that the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003, in Rule 7 specifically provides for an opportunity to raise such a grievance by way of complaint before the respondent No.5 - Scrutiny Committee. Hence, the petitioner can ventilate his grievance, if any, before the respondent No.5 - Scrutiny Committee in a properly instituted proceeding, instead of rushing to this Court to invoke writ jurisdiction. 4.

This writ petition is dismissed with liberty to the petitioner to approach the respondent No.5 - Scrutiny Committee in accordance with law. We have made no observations on the merits of the matter. 5.

Pending applications, if any, also stand disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Signed by: Shrikant Malani Designation: PA to Hon'ble Judge Date: 08/07/2025 15:29:44 Shrikant Malani