Ganpat Hannumant Gadamwad v. The State Of Maharashtra Thr Its Secretary And Others
2025:BHC-AUG:7214-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 8791 OF 2023 GANPAT HANNUMANT GADAMWAD ... Petitioner
VERSUS
1.
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, TRIBE DEVELOPMENT DEPARTMENT, MANTRALAYA, MUMBAI - 32.
2.
THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, AURANGABAD, THROUGH ITS DEPUTY DIRECTOR. (R), 3.
THE DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION (RAJYA PARIVAHAN MAHAMANDAL), RATNAGIRI, TQ. & DIST. RATNAGIRI.
... Respondents AND WRIT PETITION NO. 8822 OF 2023 MANOJ GANPATI GADAMWAD ... Petitioner
VERSUS
1.
THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT, MANTRALAYA, MUMBAI-32.
2.
THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, AURANGABAD, THROUGH ITS DEPUTY DIRECTOR. (R), 3.
THE HEAD MASTER, SHRI. SANT DNAYANESHWAR VIDYALAY, KERWADI, TQ. PALAM, DIST. PARBHANI.
4.
THE SECRETARY, SOCIO ECONOMIC DEVELOPMENT TRUST, SWAPNABHUMI, KERWADI, TQ. PALAM, DIST. PARBHANI.
... Respondents 1/3
...
• Mr. Pratap V. Jadhavar, Advocate for the Petitioner in both writ petitions.
• Ms. S. S. Joshi, AGP for Respondent Nos. 1 and 2 in both writ petitions.
...
CORAM
:
MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.
DATE : 11.03.2025 PER COURT :
.
The writ petition No. 8822 of 2023 is taken on board. 2.
We have heard both sides finally.
3.
The petitioners are taking exception to the common order dated 28.06.2023 of respondent No. 2, the Scrutiny Committee, refusing to validate their 'Koli Mahadev' scheduled tribe certificate. 4.
The impugned order is the common order in the matter of the petitioners and their blood relative, Prashant Pandurang Gadamwad. Prashant had put up a challenge to the self-same order in writ petition No. 9205 of 2023. By the order dated 04.08.2023, the impugned order was quashed and set aside to his extent and he was held entitle to have certificate of validity. No separate reasons can be assigned, much less to arrive at an incompatible conclusion. 2/3
5.
Both the writ petitions are allowed for the reasons mentioned in the matter of Prashant.
6.
The impugned order is quashed and set aside even to the extent of Ganpat and Manoj. The committee shall issue tribe validity certificate to both the petitioners, as belonging to 'Koli Mahadev' scheduled tribe. The validity shall be subject to the finality of the matters which the committee has decided to reopen in respect of validity holders.
7.
The petitioners shall not be entitled to claim equities. (Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) jhs/ 3/3