Balaji Raju Madewad Thr Father And Power Attorney Holder Raju Laxman Madewad v. The State Of Maharashtra And Another

2025:BHC-AUG:21830-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9759 OF 2025 Balaji s/o Raju Madewad Age 18 years, Occu: Education R/o Barbada Tq. Naigaon (kh) Dist.Nanded ...

Petitioner

VERSUS

1.

The State of Maharashtra, Through its Principal Secretary Tribal Development Department, Mantralaya, Mumbai 32 2.

Scheduled Tribe certificate Verification Committee, Kinwat Headquarter at Chhatrapati Sambhajinagar, Through its Deputy Director of Research ...

Respondents Mr. S. M. Vibhute, Advocate for the petitioner, Mr. R. K. Ingole, AGP for the Respondents State

CORAM

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

DATE :

08.08.2025 ORDER (Per: Y. G. Khobragade, J.) 1.

The challenge in the present Petition is to the order dated 14.07.2025, passed by Respondent No.2 Scrutiny Committee, invalidating "Koli Mahadev" Scheduled Tribe claim of the Petitioner.

2.

Issue notice to the respondents. Learned AGP waives notice on behalf of both the respondents.

3.

The petitioner is intending to secure admission to the medical course from the seat reserved for the Scheduled Tribe Category. Schedule of admissions has started as NEET result is declared. Therefore, considering the extreme urgency shown, the petition is taken up for disposal at the stage of admission.

4.

Heard both sides at length.

5.

As per the genealogical tree, Naga Shankar Madewad, great grandfather of the petitioner had a son Laxman Naga Madewad. Raju, Nagorao, Shivkanta, Radha and Maroti are the children of Laxman. The present Petitioner Balaji is the son of Raju Laxman Madewad. On face of record, it appears that Respondent No.2 Scrutiny Committee had granted validity certificates of belonging to Koli Mahadev Schedule Tribe in favour of father, uncles and paternal aunts of the petitioner as under:

Sr.

No.

Name of validity holders Relation Date of issuance of with petitioner Validity Raju Laxman Madewad Father 12.06.2022 Nagorao Laxman Madewad Uncle 19.03.2010 Shivkanta Laxman Madewad Aunt 18.04.2007

Radha Laxman Madewad Aunt 03.08.2011 Maroti Laxman Madewad Uncle 12.08.2008 6.

Respondent No.2 passed the impugned order and invalidated the scheduled tribe claim of the petitioner on the ground that paternal blood relatives of the petitioner obtained validity certificates on the basis of false document and concealment of original record and therefore, notice for revocation of their validity certificates was issued. However, as on today, the validity certificates of Koli Mahadev- Scheduled Tribe issued in favour of blood relatives of the petitioner, including brother of the petitioner are still in operation. Admittedly, the validity holders are the blood relatives of the petitioner and the committee has not denied the same.

7.

Since the paternal blood relatives of the Petitioner are having "Koli Mahadev" Scheduled Tribe validity Certificates, considering the parity, the Petitioner is also entitled to have "Koli Mahadev" Scheduled Tribe Validity Certificate. However, such validity shall be subject to the outcome of the decision in the proceeding in respect of blood relatives of the Petitioner, which the Respondent No.2 decided to re-open.

8.

Considering 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 the certificate of validity.

9.

The Petitioner appears to be the aspiring student for the professional course. Therefore, he is called upon to furnish undertaking that, in case, his tribe validity certificate is invalidated by the Scrutiny Committee, in that event he shall pay the tuition fees and admission fees applicable to the candidates from open category and no equity shall lie in his favour.

10.

In view of above discussion, the present Petition deserves to be allowed partly and the impugned order dated 14.07.2025 passed by Respondent No.2 Scrutiny Committee needs to be quashed and set aside. Accordingly, we proceed to pass the following order:-

O R D E R

(i) The Writ Petition is partly allowed.

(ii) The impugned order dated 14.07.2025, passed by Respondent No.2 Scrutiny Committee is hereby quashed and set aside. (iii) Respondent No.2 Scrutiny Committee shall immediately issue "Koli Mahadev" Scheduled Tribe validity certificate in favour of the Petitioner, which shall be subject to following conditions:- (a) The caste validity certificate shall be subject to the outcome of the re-verification of the validity certificates of the his blood relatives, proposed by the Scrutiny Committee. (b) The Petitioner shall furnish undertaking before the Registrar (Judicial) of this Court as well as before the Scrutiny Committee and the Educational Institution with whom he will take admission for professional course, indicating that in case his caste validity is revoked, he would deposit the tuition fees and other charges applicable to the candidates from open category. (c) The Petitioner shall not claim any equity.

(d) The Petitioner shall cooperate with the Scrutiny Committee. ( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. ) JPChavan