Sushant Suryakant Bondle And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:19278-DB ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 WRIT PETITION NO. 8795 OF 2025

1. SUSHANT SURYAKANT BONDLE

2. KHANDESHWAR BALWANT BONDLE

3. PANDURANG BALAJI BONDLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....

Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents/State : Mr. R.K. Ingole .....

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

DATE :

21st July, 2025 ORDER (Per: Y.G. Khobragade, J.) :

1.

By the present petition, the Petitioners have challenged the order dated 02.05.2025 passed by the Respondent No.2/Scrutiny Committee thereby invalidating their "Mannervarlu" Scheduled Tribe claims.

2.

Issue notice to the Respondents. The learned AGP waives notice on behalf of all the Respondents. Considering urgency, it is taken up for hearing at the motion.

3.

Having regard to the rival submissions canvassed on behalf of both the sides, we have gone through the petition paper book.

( 2 ) 4.

As per the Genealogical tree, the Petitioner Nos.1 to 3 are real cousins. The Petitioner No.1 is the son of Suryakant. The Petitioner No.2 is son of Balwant and Petitioner No.3 is son of Balaji. Shri Suryakant, Balaji and Balwant are son of Jalba s/o Kerba Bondle. Ms. Minakshi, Ms.Manisha and Pramod are children of Mohan Bondle. Mahura is a daughter of Nagesh Bondle. Giribala, Giriraj and Giridhar are children of Madhav Bondle. The Respondent No.2 Scrutiny Committee has not denied relationship between the petitioners and the persons in whose favour Scheduled tribe validity certificates are granted by the Respondent no. 2 itself.

5.

Since, the paternal blood relatives of the Petitioners have been granted "Mannervarlu" Scheduled Tribe validity certificates by the Respondent No.2 Scrutiny Committee, therefore, considering the law laid down in Mah. Adivasi Thakur Jamat Swarakshak Samiti Vs. State of Maharashtra and others; AIR 2023 SC 1657, Shweta Balaji Isankar Vs. The State of Maharashtra and others; 2018 SCC OnLine Bom. 10363 and Apporva Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and others; 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

( 3 ) deprived of a validity certificate, the present Petitioners are entitled to have a certificate of validity. However, the said validity shall be subject to the final outcome of pending Writ Petition Nos.4141/2025, 4142/2025, 4143/2025, 4148/2025, 4149/2025, 4156/2025, 4157/2025, 4158/2025 and 4159/2025.

6.

In view of the above, the Writ Petition is partly allowed. The impugned order dated 02.05.2025 passed by the Respondent No.2 Scrutiny Committee is hereby quashed and set aside. The Respondent No.2 Scrutiny Committee is directed to issue certificates of validity to the Petitioners within a period of four weeks. However, the validity of these Petitioners shall be subject to the final outcome of pending Writ Petition Nos.4141/2025, 4142/2025, 4143/2025, 4148/2025, 4149/2025, 4156/2025, 4157/2025, 4158/2025 and 4159/2025. [Y.G. KHOBRAGADE, J.] [MANISH PITALE, J.] mub