Tanaji Govindrao Marakwad v. The State Of Maharashtra And Others

2025:BHC-AUG:1373-DB 1 932.WP-8187-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8187 OF 2020

1. Tanaji S/o. Govindrao Marakwad Age : 46 years, Occup. Service, R/o. Hatral, Tq. Mukhed, Dist. Nanded.

...Petitioner

Versus

1. The State of Maharashtra Through Principal Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2. The Principal Secretary Social Justice Department, Mantralaya, Mumbai.

3. The Assistant Commissioner, Social Welfare, Nanded, Tq.and Dist. Nanded.

4. Scheduled Tribe Certificate Verification Committee, Near Saint Lawrence High School, Town Centre, CIDCO, Aurangabad, Dist. Aurangabad Through its Deputy Director (Research) and Member Secretary.

5. Primary Ashram School, Nehru Nagar, Limboti-Gondgaon,

2 932.WP-8187-2020.doc Tq.Loha, Dist.Nanded.

Through its Headmaster.

...Respondents

...

Advocate for the Petitioner : Mr. Om D. Totawad h/f. Mr. C.R.Thorat AGP for Respondent/State : Mr. S.S.Dande ...

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 16 JANUARY 2025 PER COURT :

1.

Heard both sides finally.

2.

Petitioner is challenging confiscation and invalidation of his tribe certificate of Scheduled Tribe 'Mannervarlu' rendered vide common judgment and order dated 01.12.2020. passed by respondent/Scrutiny Committee.

3.

Learned counsel for the petitioner tenders on record common judgment and order dated 15.12.2020 passed by Coordinate Bench of this Court in the matter of Vishakha Tanaji Marakwad vs. The State of Maharashtra and others in Writ Petition No.8200 of 2020 and Shrikant Tanaji Marakwad vs. The State of Maharashtra and another in Writ Petition No. 8227 of 2020. They are granted conditional validity by the court by reasoned order. Petitioner is father of Vishakha and Tanaji. After considering self-same record they were issued with conditonal validity. We propose to adopt the same course and reasons for granting relief to the petitioner. Learned AGP does not dispute the factual situation.

3 932.WP-8187-2020.doc 4.

Petitioner is ready to face the consequences as per the law laid down in the matter of Shweta Balaji Isankar Vs. The State of Maharashtra and others in Writ Petition No. 5611 of 2018. Petitioner deserves conditional validity. We therefore pass following order :

ORDER

i) Writ Petition is allowed partly.

ii) The impugned judgment and order dated 01.12.2020 is quashed and set aside.

iii) The Respondent No.4/Scrutiny Committee shall issue Tribe Validity Certificate for 'Mannervarlu' Scheduled Tribe, forthwith which shall be subject to re-verification proposed by the Committee.

iv) Petitioner shall not claim equity.

[ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] vsj..