Supriya Shankar Medewad v. The State Of Maharashtra Through Secretary And Another
2025:BHC-AUG:19796-DB WP-9147-2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 9147 OF 2025 Supriya D/o Shankar Medewad Age: 29 years, Occu. Education, R/o Barbada, Taluka Naygaon, District Nanded ... PETITIONER
VERSUS
1.
The State of Maharashtra Through Secretary, Department of Tribal Development, Mantralaya, Mumbai -32 2.
Scheduled Tribe Certificate Scrutiny Committee, Kinwat, Head Office, Chhatrapati Sambhajinagar Through its Member Secretary ... RESPONDENTS ....
Mr. Deepak D. Choudiari a/w Mr. Vijay G. Gangalwad, Advocates for the Petitioner Ms Neha B. Kamble, AGP for the Respondents - State ....
CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.
DATE : 25.07.2025 ORDER (Per: Y. G. Khobragade, J.) :- 1.
Heard the learned counsel for the Petitioner and the learned AGP for the Respondents. With consent of both the sides, the matter is heard finally at the stage of admission.
(( 2 )) 2.
By the present Petition, the Petitioner takes exception to the order dated 10.06.2025 passed by Respondent No.2 Scrutiny Committee.
3.
Having regard to the submissions canvassed on behalf of both the sides, we have gone through the record. The Petitioner claimed that she belongs to "Mannervarlu" Scheduled Tribe. The Petitioner is a student and her claim for validation of "Mannervarlu" Scheduled Tribe, was forwarded to the Competent Authority with all necessary documents. However, on 10.06.2025, Respondent No.2 Scrutiny Committee has passed the impugned order invalidating her tribe claim.
4.
As per the genealogical tree Shri Madhavrao Tukaram Medewad, having children, namely Dhondiba, Shakuntala, Shankar, Ananda, Laxmibai, Suman, Panchphula. Balaji, Ramesh, Maroti and Vinod, are the sons of Dhondiba. On 02.05.2006, the Respondent No.2 Scrutiny Committee issued 'Mannervarlu' Scheduled Tribe validity certificate in favour of Shankar, the father of the present Petitioner. On 16.02.2006, 04.01.2008 and 22.02.2008, Respondent
(( 3 )) No.2 Scrutiny Committee issued 'Mannervarlu' Scheduled Tribe validity certificate in favour of Balaji, Ramesh and Vinod. Further, this Court has passed an order on 08.11.2023 in Writ Petition No.13793 of 2023 (Atharva s/o Shankar Medewad Vs. The State of Maharashtra and another) and directed the Scrutiny Committee to issue 'Mannervarlu' Scheduled Tribe, conditional validity certificate to the Petitioner.
5.
Since the paternal blood relatives of the Petitioner of having 'Mannervarlu' Scheduled Tribe conditional validity certificate. Therefore, taking into consideration 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 Petitioner is entitled to have a certificate of validity.
(( 4 )) 6.
In view of above, the impugned order dated 10.06.2025 passed by Respondent No.2 Scrutiny Committee, is hereby quashed and set aside.
7.
Respondent No.2 Scrutiny Committee shall issue 'Mennervarlu' Scheduled Tribe validity certificate in favour of the Petitioner, within a period of four weeks from today, which shall be subject to the following conditions:- (a) The caste validity certificate shall be subject to the outcome of the re-verification of the validity certificates of blood relatives of the Petitioner, which the Respondent No.2 Scrutiny Committee may propose to re-open. (b) The Petitioner shall not claim any equity. (c) The Petitioner shall cooperate with the Scrutiny Committee.
8.
Accordingly, the Writ Petition is disposed of. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS