Siddesh Bansi Ridde Thr Poa Father Bansi Shamrao Ridde And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:21299-DB WP-9837-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9837 OF 2025

1. SIDDESH S/O BANSI RIDDE

2. ANJALI D/O BANSI RIDDE

3. DIPALI D/O BANSI RIDDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ....

Mr. S. M. Vibhute, Advocate for the Petitioners Mr. S. K. Tambe, AGP for the Respondents - State ....

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

DATE : 07.08.2025 ORDER (Per: Y. G. Khobragade, J.) :- 1.

Heard the learned counsel for the Petitioners and the learned AGP for the Respondents. With consent of both the sides, the matter is heard finally at the stage of admission. 2.

The challenge in the present Petition is to the order dated 31.07.2025, passed by Respondent No.2 Scrutiny Committee, invalidating "Koli Mahadev" Scheduled Tribe claim of the Petitioners.

(( 2 )) 3.

As per the genealogical tree, the forefather of the Petitioners Shri Honaji Ridde, was having five children, namely, Keshav, Gangaram, Sadashiv, Raghu and Rajanna. Kondabai, Raosaheb, Shamrao and Annapurna are the children of Keshav. Suryabhan, Sandipan, Chitrasen, Kshirsagar and Lavgabai are the children of Gangaram. Kerba is the son of Sadashiv. Ashruba and Shriram are the sons of Raghu. Ram, Shivaji and Aabasaheb are the sons of Rajanna. Malan, Rukhmin, Ramrao and Bansi are the children of Shamrao. Siddesh (Petitioner No.1), Anjali (Petitioner No.2) and Dipali are the children of Bansi.

4.

On 18.11.2008, Respondent No.2 Scrutiny Committee granted "Koli Mahadev" Scheduled Tribe certificate in favour of Bansi, the father of present Petitioners. Ganesh and Sunil are the sons of Chitrasen. This Court passed an order on 17.01.2025 in Writ Petition No.654 of 2023 (Sunil s/o Chitrasen Ridde Vs. Scheduled Tribe Certificate Scrutiny Committee), and granted conditional validity certificate in favour of Sunil Ridde. Sunil is the cousin uncle of the Petitioners. Sominath, Vasant, Navnath and Bhagritra are the children of Aabasaheb Rajanna Ridde. Ramhari, Mahadeo, Mauli and

(( 3 )) Shambhudeo are the children of Vasant. This Court passed an order on 25.09.2023 in Writ Petition No.10650 of 2019 (Mahadev Vasant Ridde Vs. The State of Maharashtra and others) and granted "Koli Mahadev" Scheduled Tribe conditional validity in favour of Mahadev Vasant Ridde.

5.

The paternal blood relations between the Petitioners and the other validity holders have not been disputed by Respondent No.2 Scrutiny Committee. Therefore, 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 Petitioners are entitled to have the certificates of validity. 6.

Needless to say that the Petitioner No.1 has appeared for NEET-UG-2025 from S.T. category and scored 250 marks out of 720

(( 4 )) and hence, appears to be an aspiring student for the professional course. Therefore, Petitioner No.1 is hereby called upon to furnish an undertaking that in case, his caste validity certificate is invalidated by the Scrutiny Committee, in that event he shall pay the tuition fees and admission fees applicable to the candidate from open category and no equity shall lie in his favour. In view of above discussion, the present Petition deserves to be allowed partly and the impugned order dated 31.07.2025 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 31.07.2025, 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 certificates in favour of the Petitioners, which shall be subject to following conditions:- (a) The caste validity certificates shall be subject to the outcome of the re-verification of the validity certificates of their blood relatives proposed by the Scrutiny Committee. (b) The Petitioner No.1 shall furnish an undertaking before the Registrar (Judicial) of this Court as well as before the Scrutiny

(( 5 )) 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 Petitioners shall not claim any equity.

(d) The Petitioners shall cooperate with the Scrutiny Committee. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS