Snehal Ankush Boyane And Another v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:23094-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10505 OF 2025 1.

Snehal Ankush Boyane Aged 18 years, Occu: Student ...

Petitioners 2.

Vaishnavi d/o Dnayaneshwar Boyane Age 19 yeas, Occu: Student Both R/o Village Dhanegaon Tq. Devani District Latur

VERSUS

1.

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

Scheduled Tribe Certificate Scrutiny Committee, Kinwat Division, Headquarter at Chh. Sambhajinagar Through its Member Secretary ...

Respondents 3.

Sub Divisional Officer, Nilanga, Dist. Latur.

Mr. Sagar D. Madke a/w Mr. Manish Paithane h/for Mr. M. A. Golegaonkar, Advocates for the petitioners, Mr. S. D. Ghayal, AGP for the Respondents State

CORAM

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

DATE :

22.08.2025 ORDER (Per: Y. G. Khobragade, J.) 1.

By the present petition under Article 226 of the Constitution of India, the Petitioners, who are cousin sisters, take exception to the order dated 19.08.2025 passed by Respondent No.2 Scrutiny

Committee, thereby invalidating their "Koli Mahadev" Schedule Tribe Certificates.

2.

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

3.

The petitioners are the students and they are intending to secure admission to the professional courses from the seat reserved for the Scheduled Tribe Category. Therefore, considering the urgency shown, the petition is taken up for disposal at the stage of admission. 4.

The petitioners claim that they belong to "Koli Mahadev" Scheduled Tribe. Their individual proposals were forwarded to Respondent No.2 Scrutiny Committee for validation of their tribe certificates.

The petitioners have submitted various documents, including validity certificates of blood relatives, school entries etc. in support of their claims. However, by a common order dated 19.08.2025, the claims of the petitioners of belonging to "Koli Mahadev" Scheduled Tribe are rejected by the Committee. 5.

Having regard to the submissions canvassed on behalf of both the sides, we have gone through the record.

6.

As per the genealogical tree, Kisan Boyane, forefather of the petitioner had three sons namely Irappa, Abaji and Zatinga. Raghunath is the son of Irappa. Madhavrao is the son of Raghunath.

Santosh (Validity holder) is the son of Madhavrao. Balaji (validity holder is the son of Vyankat Abaji Boyane. In another branch of genealogy, Zotinga had two sons namely, Kondiram and Shesherao. Kondiram Zotinga Boyane has two sons namely, Vyankatrao and Dnyaneshwar. Vyankatrao Kondiram Boyane has three daughters namely, Priyanka (validity holder), Nalini and Renuka. Dnyaneshwar Kondiram Boyane has three children namely Vishnukant, Rutuja (validity holder) and Vaishnavi (petitioner No.2). Shesherao Zotinga Boyane has two sons namely Ankush and Govind. Petitioner No.1-Snehal is the daughter of Ankush. 7.

On face of record, it appears that on 29.05.2006, the Respondent Scrutiny Committee had granted validity certificate of belonging to "Koli Mahadev" Scheduled tribe in favour of Santosh Madhavrao Boine, cousin uncle of the petitioners. On 25.04.2011, the Respondent Scrutiny Committee had granted validity certificate of belonging to "Koli Mahadev" Scheduled tribe in favour of Priyanka Venkatrao Boyane, cousin sister of the petitioners. On 22.08.2019, this Court passed order in Writ Petition No. 9188 of 2019 and directed the Scrutiny Committee to issue conditional validity of belonging to "Koli Mahadev" Schedule tribe in favour of Rutuja Dnyaneshwar Boyane, real sister of Petitioner No.2 and cousin sister

of Petitioner No.1. On 19.06.2025, this court passed an order in Writ Petition No. 161 of 2020 and granted conditional validity of belonging to Koli Mahadev Schedule tribe in favour of Dnyanewhswar Kondiram Boyane, father of Petitioner No.2 and cousin uncle of Petitioner No.1.

8.

Respondent No.2 passed the impugned order and invalidated the scheduled tribe claim of the petitioners 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 validity certificates was issued to the Santosh Boyane and Priyanka Vyankatrao Boyane, blood relatives of the petitioners. However, as on today, the validity certificates of Koli Mahadev Scheduled Tribe issued in favour of blood relatives of the petitioners, including father, uncle sister, are still in operation. Admittedly, the validity holders are the blood relatives of the petitioners and the Committee has not denied the same.

9.

In cases of Mah. Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra & Ors.; AIR 2023 S.C. 1657, Shweta Balaji Isankar V/s. 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, 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. Therefore, considering parity with the blood relatives of the petitioners, the petitioners are entitled to have conditional validity subject to outcome of the decision in the proceedings in respect of the blood relatives of the petitioners, which the committee has decided to reopen. 10.

Learned counsel for the petitioners voluntarily submitted that blood relatives of the petitioners to whom the notice for revocation of validity has been served shall forthwith execute an undertaking before the Respondent No.2 Committee that they would regularly appear in the matter and shall cooperate with the Committee for early decision in the said matter. 11.

The Petitioners appear to be the aspiring students for the professional courses. Therefore, they are called upon to furnish undertaking that, in case, their caste validity certificates are invalidated by the Scrutiny Committee, in that event they shall pay the tuition fees and admission fees applicable to the candidates from open category and no equity shall lie in their favour.

12.

In view of above discussion, the present Petition deserves to be allowed partly and the impugned order dated 19.08.2025 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 on 19.08.2025, 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 Petitioners shall furnish undertaking before the Registrar (Judicial) of this Court as well as before the Scrutiny Committee and the Educational Institutions with whom they will take admissions for professional courses, indicating that in case their caste validity is revoked, they 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.

iv) Mr. Santosh Madhavrao Boine and Priyanka Vyankatrao Boyane, blood relatives of the Petitioners, who are served with notice of revocation of validity, shall furnish undertaking before the Scrutiny Committee immediately, stating that they will cooperate and appear before the Scrutiny Committee as and when called upon. ( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. ) JPChavan