Shriya Rajendra Jadhav v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:23005-DB 1 960 WP 10385-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 WRIT PETITION NO. 10385 OF 2025 SHRIYA RAJENDRA JADHAV

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Mr. Pratap V. Jadhavar - Advocate for Petitioner Mr. S.D. Ghayal - AGP for Respondents, State ...

CORAM

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

DATE : 20.08.2025 ORDER (PER : Y.G. KHOBRAGADE, J.) :- 1.

By the present petition, the petitioner takes exception to the order dated 18.08.2025 passed by respondent No.2 - Scrutiny Committee, thereby invalidating his 'Koli Mahadev' Scheduled Tribe claim. 2.

Issue notice to the respondents. The learned A.G.P. waives service of notice on behalf of both the respondents.

3.

Considering the urgency, the matter is taken up for final disposal at the motion stage. Heard both sides at length. 4.

Having regard to the rival submissions canvassed on behalf of both sides, we have perused the petition paper book. Needless to say that, the petitioner is the aspiring student of a professional medical course and he

2 960 WP 10385-2025.odt requires tribe validity certificate for the purpose of admission. 5.

As per the genealogical tree, Shri. Kisanrao Govindrao Jadhav, great-grandfather of the petitioner, had two sons, namely Harishchandra and Ramchandra. Rajendra, Vidhya, Jyoti, Rekha and Rajashri are the children of Harishchandra. Shriya (present petitioner) and Manaswi are the daughters of Rajendra.

6.

On the face of record, it appears that on 08.01.1999, the respondent No.2 - Scrutiny Committee granted a Koli Mahadev validity certificate to Ramchandra Kisanrao Jadhav, the cousin great-grandfather of the petitioner. On 01.10.1993, respondent No.2 - Scrutiny Committee passed an order in Appeal No. 22/1992 (Kum. Vidhya Harishchandra Jadhav Vs. The President of Scheduled Tribe Certificate Scrutiny Committee, Pune), allowed the appeal by setting aside the order dated 17.06.1992 passed by the Scrutiny Committee and granted a Koli Mahadev Scheduled Tribe Certificate in favour of Vidhya Harishchandra Jadhav, real paternal aunt of the petitioner. The respondent No. 2 - Scrutiny Committee has not denied the paternal blood relations between the present petitioner and the other validity holders. However, by the impugned order dated 18.08.2025, respondent No.2 - Scrutiny Committee held that the paternal blood relatives had obtained the Scheduled Tribe Certificates by suppressing material facts and on the basis of false information. Therefore, the validity holders are served with

3 960 WP 10385-2025.odt notices for revocation of validities. However, it is not in dispute that the respondent No.2 - Scrutiny Committee has not invalidated or revoked the said validities issued in favour of paternal blood relatives of the petitioners.

7.

Considering the law laid down in the cases of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and Ors., reported in AIR 2023 SC 1657, Shweta Balaji Isankar Vs. State of Maharashtra and Ors., reported in 2018 SCC Online Bom. 10341, Apoorva Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and Ors., reported in 2010(6) Mh.L.J. 401, wherein it has been held 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 be issued a validity certificate. However, the said validity shall be co-terminus with the decision in the matter which the Committee may decide to reopen.

8.

Learned Counsel appearing for the petitioner submitted that the blood relatives, namely, Rajendra Harishchandra Jadhav, Vidhya Harishchandra Jadhav and Jyoti Harishchandra Jadhav, have been served with notices for revocation of their validities. It is submitted that the said blood relatives of the petitioner are voluntarily ready and willing to execute undertakings before the respondent No.2 - Scrutiny Committee,

4 960 WP 10385-2025.odt undertaking to cooperate in the decision regarding revocation of their validities. In these circumstances, it would be just and proper to call upon Rajendra Harishchandra Jadhav, Vidhya Harishchandra Jadhav and Jyoti Harishchandra Jadhav to file separate undertakings before respondent No.2 - Scrutiny Committee, within a period of one week from today, stating that they will cooperate with the said Committee in respect of the invalidation of the tribe proceedings.

9.

Since the petitioner appears to be an aspiring candidate for admission to a professional medical course and intends to secure admission under the Scheduled Tribe (ST) reserved category, she is directed to furnish an undertaking that, in the event her claim is invalidated by respondent No. 2 - Scrutiny Committee, she shall pay the tuition and admission fees applicable to a candidate from the open category and no equity shall lie in her favour. 10.

In view of the above discussion, the present petition deserves to be partly allowed and the impugned order dated 18.08.2025 passed by the respondent No.2 - Scrutiny Committee needs to be quashed and set aside. Accordingly, we proceed to pass the following order :

ORDER

i.

The writ petition is partly allowed.

ii.

The impugned order dated 18.08.2025 passed by the

5 960 WP 10385-2025.odt 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 the following conditions :

(a) The caste validity certificate shall be subject to the outcome of the re-verification of the validity certificates of her blood relatives, as proposed by the Scrutiny Committee.

(b) The petitioner shall furnish an undertaking before the Registrar (Judicial) of this Court, as well as before respondent No.2 - Scrutiny Committee and the Educational Institution with which she seeks admission for a professional medical course, stating that in the event her caste validity is revoked, she shall deposit the the tuition fees and other charges applicable to candidates from the open category.

(c) The petitioner shall not claim any equity.

(d) The petitioner shall cooperate with the Scrutiny Committee.

iv.

Rajendra Harishchandra Jadhav, Vidhya Harishchandra Jadhav and Jyoti Harishchandra Jadhav, who are blood relatives of the petitioner, shall furnish undertakings before respondent No.2 - Scrutiny Committee within a period of one

6 960 WP 10385-2025.odt week from today, 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.) Pooja Kale/