Yash Dnyaneshwar Koli Through Guardian Dnyaneshwar Sonu Koli And Another v. The State Of Maharashtra Through Its Principal Secretary And Another
2025:BHC-AUG:23802-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 10849 OF 2025 1.
Yash s/o Dnyaneshwar Koli Age 17 years, Occu: Student Through the natural Guardian i.e. fatherDnyaneshwar Sonu Koli Age 48 years, Occu: Service At Post Kanaswade Tq. & Dist. Jalgaon ...
Petitioners 2.
Divya d/o Dnyaneshwar Koli, Age 22 years, Occu: student At Post Kanaswade Tq. & Dist. Jalgaon
VERSUS
1.
The State of Maharashtra, Through its Secretary Tribal Development Department, Mantralaya, Mumbai 32 2.
The Scheduled Tribe Certificate Verification Committee, Dhule Vidyanagar, Devpur, Dhule., Through its Deputy Director (Research) ...
Respondents Mr. C. R. Thorat, Advocate for the petitioners, Mr. S. K. Tambe, AGP for the Respondents State
CORAM
: MANISH PITALE & Y. G. KHOBRAGADE, JJ.
DATE :
4th September, 2025 ORDER (Per: Y. G. Khobragade, J.) 1.
By the present petition under Article 226 of the Constitution of India, the Petitioners, who are siblings, take exception to the order dated 03.09.2025 passed by Respondent No.2 Scrutiny Committee, thereby invalidating their "Tokre Koli" 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 require validity for education purpose. The petitioners claim that they belong to Tokre Koli Schedule Tribe and they are intending to secure admission to professional course 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.
Individual proposals of the petitioners 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 03.09.2025, the claims of the petitioners of belonging to "Tokre Koli" 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, Rajdhar Koli, forefather of the petitioners had five sons namely, Ravji, Sonuji, Tejuji, Fakirji and Ramji. Petitioners are the son and daughter of Dnyaneshwar Sonu Koli from the branch of Sonuji Rajdhar Koli. Sahebrao (validity
holder) is the son of Punaji Tejuji Koli/Patil. Sanjay Vasant Sonawane (validity holder) is the son of Vasant Dhondu Koli/Sonawane from the branch of Fakirji Rajdhar Koli. Narendra Kashinath Loli is the son of Kashinath Trimbak Koli from the branch of Ramji Rajdhar Koli.
7.
On the face of record, it appears that on 30.01.1993, the Additional Commissioner, Nashik Division, Nashik had granted validity certificate of belonging to "Tokre Koli" Scheduled tribe in favour of Sahebrao Puna Patil cousin great grandfather of the petitioners. On 24.07.2006, the Respondent- Scrutiny Committee had granted validity certificate of belonging to "Tokre Koli" Scheduled tribe in favour of Narendra Kashinath Sonawane, cousin grandfather of the petitioners. On 19.07.2024, the RespondentScrutiny Committee had granted validity certificate of belonging to "Tokre Koli" Scheduled tribe in favour of Sanjay Vasant Sonawane, cousin uncle of the petitioners.
8.
Respondent No.2 passed the impugned order and invalidated the scheduled tribe claim of the petitioners on the grounds that the petitioner failed to prove the affinity and that the paternal blood relatives of the petitioners obtained validity
certificates on the basis of false documents and concealment of original record and therefore, notice for revocation of validity certificates was issued to the paternal blood relatives of the petitioners. However, as on today, the validity certificates of Tokre Koli Scheduled Tribe issued in favour of blood relatives of the petitioners are still in operation. Admittedly, the validity holders are the paternal blood relatives of the petitioners and the committee has not denied the same.
9.
In cases of Mah. Adiwasi Tokre Koli 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 tribe 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 03.09.2025 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) Impugned order dated on 03.09.2025, passed by Respondent No.2 Scrutiny Committee is hereby quashed and set aside.
iii) Respondent No.2 Scrutiny Committee shall immediately issue "Tokre Koli" 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) Shri Sahebrao Pune Sonawane and other paternal blood relatives of the Petitioners, who are served with notice of revocation of validity, shall furnish undertaking before the Scrutiny Committee, stating that they will cooperate and appear before the Scrutiny Committee as and when called upon.
( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. ) JPChavan