Neha Manoj Rabade And Another v. The State Of Maharashtra Trough Its Secretary And Another
2025:BHC-AUG:24387-DB :: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.10970 OF 2025 Neha w/o Manoj Rabade & anr.
... PETITIONERS
VERSUS
The State of Maharashtra & anr.
... RESPONDENTS .......
Mr. V.U. Jadhav, Advocate for petitioners Mrs. D.S. Jape, A.G.P. for State .......
WITH WRIT PETITION NO.10975 OF 2025 Dipika d/o Swaroopsing Rabde & anr.
... PETITIONERS
VERSUS
The State of Maharashtra & anr.
... RESPONDENTS .......
Mr. V.U. Jadhav, Advocate for petitioners Mrs. D.S. Jape, A.G.P. for State .......
CORAM : R.G. AVACHAT AND ABASAHEB D. SHINDE, JJ.
DATE : 11th SEPTEMBER, 2025
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O R D E R :
Heard. The petitioners before this Court claim to belong to "Naikda" - Scheduled Tribe, and are assailing the orders passed by the Caste Scrutiny Committee, thereby invalidating their claim of belonging to the said community by an order dated 29/4/2025 and 13/8/2025 respectively. 2.
The learned Advocate for the petitioners submits that, the cousin brother of the petitioners, namely Rushikesh Vijaysing Rabade has been granted validity by this Court by an order dated 25/8/2025 in Writ Petition No.10543/2025, though it is conditionally.
3.
The learned A.G.P. appearing for the State vehemently submits that, there are serious interpolations in the school record has been found, on the basis of which the validity holders who have been granted validities and, therefore, he opposes the Writ Petition on the ground that a fraud has been practised while obtaining the validity certificates by those validity holders, on whose validity the petitioners are relying upon and the Caste Scrutiny Committee
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have proposed to reopen their caste validity. 4.
We have considered the submissions advanced on behalf of the learned Advocate for the petitioners as well as learned A.G.P. It is an admitted fact that, the cousin brother of the petitioners has been granted validity by this Court by order dated 25/8/2025 in Writ Petition No.10543/2025 and there is no dispute about the relationship between the parties. We are, therefore, inclined to partly allow these Writ Petition in terms of the following order :
O R D E R
(i) The Writ Petitions are partly allowed.
(ii) the impugned orders dated 29/4/2025 and 13/8/2025 respectively, passed by the respondent No.2 Caste Scrutiny Committee are hereby quashed and set aside.
(iii) The respondent No.2 Caste Scrutiny Committee is directed to issue caste validity certificates to the petitioners, belonging to "Naikda" - Scheduled Tribe, subject to following conditions :
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(a) The caste validity certificates shall be subject to the outcome of the re-verification of the validity certificates of the blood relative/s of the petitioners, as proposed by the Scrutiny Committee.
(b) The petitioners shall furnish an undertaking before the Registrar (Judicial) of this Court, as well as before respondent No.2 - Scrutiny Committee and the Educational Institution/s with which they seek admission for a professional courses, stating that in the event their caste validities are revoked, they shall deposit the tuition fees and other charges applicable to candidates from the open category.
(c) The petitioners shall not claim any equity.
(d) The petitioners shall cooperate with the Scrutiny Committee.
(ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) FMPathan/-