Omkar Ramlu Bodhanapod v. The State Of Maharashtra And Another

2025:BHC-AUG:19274-DB WP-8643-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8643 OF 2025 Omkar s/o Ramlu Bodhanapod Age: 19 years, Occ. Education, R/o. Bolegaon, Tq. Biloli, Dist. Nanded ... PETITIONER

VERSUS

1.

The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai 2.

The Scheduled Tribe Certificate Verification Committee, Kinwat, Head Quarter at Chh. Sambhajinagar, Through its Dy. Director (R) Dist. Chh. Sambhajinagar ... RESPONDENTS ....

Mr. Sunil M. Vibhute, Advocate for the Petitioner Mr. S. K. Tambe, Addl. Government Pleader for the Respondents ....

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

DATE : 22.07.2025 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 parties, the matter is heard finally at the stage of admission.

(( 2 )) 2.

By the present Petition under Article 226 of the Constitution of India, the Petitioner takes exception to the order dated 06.06.2025, passed by Respondent No.2, thereby invalidating the "Mannervarlu" Scheduled Tribe caste claim of the Petitioner. 3.

Having regard to the submissions canvassed on behalf of both the sides, we have gone through the record. 4.

The learned counsel appearing for the Petitioner, took us through the genealogical tree. It is the case of the Petitioner that he belongs to "Mannervarlu" Scheduled Tribe. The Petitioner is a student and his claim for validation of "Mannervarlu" Scheduled Tribe was forwarded to the Competent Authority. The Petitioner appeared in NEET-UG-2025 against the reserved category of Scheduled Tribe and his result has been declared successfully. However, on 06.06.2025, Respondent No.2 Scrutiny Committee has passed the impugned order invalidating his tribe claim.

5.

As per the genealogical tree, Shri Bashetti Piraji @ Lachhama Bodhanapod, had one daughter and four sons, viz; Piraji, Gangamani, Hanmalu, Gangaram and Ramlu. Sayali, the daughter of Ramlu Bodhanapod, the Petitioner in Writ Petition No.9373 of

(( 3 )) 2024, is the real sister of the present Petitioner. This Court has delivered an order on 04.09.2024 in Writ Petition No. 9373 of 2024 (Sayali d/o Ramlu Bodhanapod Vs. The State of Maharashtra and others), and granted conditional validity certificate in favour of the Petitioner's real sister, considering the validity of Abul Lachhamanna Bodhanapod.

6.

Needless to say, this Court delivered an order on 10.02.2025 in Writ Petition No.9459 of 2019 (Ramlu Bashetti Bodhanapod Vs. The State of Maharashtra and others), and granted conditional validity certificate co-terminus with the validity of Abul Lachhamanna Bodhanapod and in the case of Sayali d/o Ramlu Bodhanapod. 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

(( 4 )) certificate, the present Petitioner is entitled to have a certificate of validity.

7.

Since the Petitioner's real sister and his paternal blood relatives including the father, have conditional validity certificate, the Petitioner is also entitled to receive parity with his real sister and father. Therefore, we are inclined to grant the present Petition and proceed to pass the following order:-

O R D E R

(i) The Writ Petition is allowed.

(ii) The impugned order dated 06.06.2025, passed by Respondent No.2 Scrutiny Committee, is hereby quashed and set aside. (iii) Respondent No.2 Scrutiny Committee shall issue "Mannervarlu" Scheduled Tribe validity certificate in favour of the Petitioner within a period of four weeks, 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 certificate of their blood relatives proposed by the Scrutiny Committee. (b) The Petitioner shall not claim any equity. (c) The Petitioner shall cooperate with the Scrutiny Committee. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS