Pratiksha Santosh Warkad And Anotehr v. The State Of Maharashtra And Another

2025:BHC-AUG:23014-DB WP-10404-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10404 OF 2025

1. PRATIKSHA SANTOSH WARKAD

2. OMKAR SANTOSH WARKAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ....

Mr. Sagar S. Phatale, Advocate for the Petitioners Mr. R. K. Ingole, AGP for the Respondents - State ....

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

DATE : 21.08.2025 ORDER (PER: Y. G. KHOBRAGADE, J.) :- 1.

The challenge in the present Petition is to the order dated 04.08.2025, passed by Respondent No.2 Scrutiny Committee, invalidating "Mannervarlu" Scheduled Tribe certificate of the Petitioners.

2.

Issue notice to the Respondents. Learned AGP waives notice on behalf of the Respondents.

3.

The Petitioners are intending to secure admission to the professional courses from the seat reserved for Scheduled

(( 2 )) Tribe Category. Therefore, considering the extreme urgency shown, the Petition is taken up for disposal at the stage of admission. 4.

As per the genealogical tree, Nagoji Warkad, great great grandfather of the Petitioner had one son, namely, Satwaji Nagoji Warkad. Mahajan, Sambhaji, Ramrao and Nagorao are the sons of Satwaji. Dilip is the son of Mahajan. Shivaji and Parmeshwar are the sons of Sambhaji. Santosh and Satish are the sons of Ramrao. Ramakant is the son of Nagorao. Pratiksha (Petitioner No.1) and Omkar (Petitioner No.2), are the children of Santosh. Vaishnavi and Shivkumar are the children of Satish.

5.

On face of record, it appears that Respondent No.2 issued "Mannervarlu" Scheduled Tribe certificate in favour of paternal blood relatives of the present Petitioners as under:- Sr.

No.

Name Date 1.

Satish Ramrao Warkad 05.11.2007 2.

Santosh Ramrao Warkad 04.01.2010 3.

Ramakant Nagorao Warkad 31.05.2006 6.

On 22.08.2023, this Court has passed an order in Writ Petition No. 11216 of 2019 (Abhay Ramakant Warkad Vs. The State

(( 3 )) of Maharashtra and others), and directed the Scrutiny Committee to issue conditional "Mannervarlu" validity certificate in favour of the Petitioner therein. The Scrutiny Committee has not disputed about relations between the Petitioner and the other validity holders. 7.

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 certificate of validity on the ground of parity, however, the such validity shall be subject to the outcome of the decision in the proceeding in respect of blood relatives of the Petitioners, which the Respondent No.2 Scrutiny Committed decided to re-open.

(( 4 )) 8.

Needless to say that on 04.08.2025, the Scrutiny Committee has passed the impugned order holding that the blood relatives of the Petitioners, namely, Santosh Malhari Warkad, Ramakant Nagorao Warkad and Satish Ramrao Warkad, have obtained validity certificate by playing fraud and producing false and fabricated documents.

9.

Since the petitioners appear to be aspiring candidates for admission to professional courses and they intend to secure admission under the Scheduled Tribe reserved category, they are directed to furnish undertaking that, in the event their claims are invalidated by Respondent No.2 Scrutiny Committee, they shall pay the tuition and admission fees applicable to a candidate from open category and no equity shall lie in their favour.

10.

In view of the above discussion, the present Petition deserves to be partly allowed and the impugned order dated 04.08.2025, passed by Respondent No.2, needs to be quashed and set aside. Accordingly, we proceed to pass the following order:-

(( 5 ))

O R D E R

(i) The Writ Petition is partly allowed.

(ii) The impugned order dated 04.08.2025, passed by Respondent No.2 Scrutiny Committee, is hereby quashed and set aside. (iii) Respondent No.2 Scrutiny Committee shall immediately issue "Mannervarlu" Scheduled Tribe validity certificates in favour of the Petitioners, 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 certificate of their blood relatives proposed by the Scrutiny Committee. (b) The Petitioners shall furnish undertaking before the Registrar (Judicial) of this Court as well as before Respondent No.2 Scrutiny Committee and the Educational Institution with which they seek admission for professional courses, stating that in the event of their caste validity is revoked, they shall 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. (iv) Santosh Malhari Warkad, Ramakant Nagorao Warkad and Satish Ramrao Warkad, who are blood relatives of the Petitioners,

(( 6 )) shall furnish undertaking before the Scrutiny Committee, stating that they will cooperate and appear before the Scrutiny Committee as and when called upon.

(v) The Writ Petition is disposed of. Pending applications, if any, also stand disposed of.

[ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS