Rohini Govindrao Shankarwar And Another v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:23827-DB

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10850 OF 2025 ROHINI GOVINDRAO SHANKARWAR RITESH GOVINDRAO SHANKARWAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ....

Mr. Yogesh B. Bolkar, Advocate for the Petitioners Mr. A. R. Kale, AGP for the Respondents - State ....

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

DATE : 04.09.2025 ORDER (PER- Y. G. KHOBRAGADE, J.) :- 1.

The challenge in the present Petition is to the order dated 03.09.2025, 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 Tribe Category. Therefore, considering the extreme urgency

(( 2 )) shown, the Petition is taken up for disposal at the stage of admission.

4.

We have perused the genealogy placed on record at page No.123. On face of record, it appears that on 16.07.2024, the Scrutiny committee has issued "Mannervarlu" Scheduled Tribe validity certificate in favour of Vishwas Venkatrao Shankarwar, on 13.09.2004, in favour of Deepak Nagnath Shankarwar, on 10.10.2023 in favour of Shravani Balaji Shankarwar. 5.

Since the paternal blood relatives of the Petitioners are having "Mannervarlu" Scheduled Tribe validity certificates, considering the parity, the Petitioners are also entitled to have "Mannervarlu" scheduled tribe validity certificates. However, 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 Committee decided to re-open. 6.

By impugned order, the Scrutiny Committee held that the paternal blood relatives of the Petitioners have obtained the Scheduled Tribe validity Certificates by suppressing material facts and on the basis of false information, and therefore, the validity holders were served with notices for revocation of their validities. However, it is not in dispute that the Scrutiny Committee has not

(( 3 )) invalidated or revoked the said validities issued in favour of paternal blood relatives of the Petitioner.

7.

By impugned order, the Scrutiny Committee held that the paternal blood relatives of the Petitioners, namely, Venkatrao Sayanna Shankarwar, Vishwas Venkatrao Shankarwar, Shravani Balaji Shankarwar, Balaji Sayanna Shankarwar, Dilip Digambar Shankarwar, Vishwas Venkatrao Shankarwar, Lenina Venkatrao Shankarwar, Varsha Prakash Shankarwar, Deepak Nagnath Shankarwar, have obtained the Scheduled Tribe Certificates by suppressing material facts and on the basis of false information, and therefore, the validity holders were served with notices for revocation of their validities. However, it is not in dispute that the Scrutiny Committee has not invalidated or revoked the said validities issued in favour of paternal blood relatives of the Petitioner.

8.

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

(( 4 )) 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.

9.

Needless to say that on 03.09.2025, the Scrutiny Committee has passed the impugned order holding that the blood relatives of the Petitioners, have obtained validity certificates by playing fraud and producing false and fabricated documents. 10.

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.

(( 5 )) 11.

In view of the above discussion, the present Petition deserves to be partly allowed and the impugned order dated 03.09.2025, passed by Respondent No.2, 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 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 "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.

(( 6 )) (d) The Petitioners shall cooperate with the Scrutiny Committee.

(iv) Venkatrao Sayanna Shankarwar, Vishwas Venkatrao Shankarwar, Shravani Balaji Shankarwar, Balaji Sayanna Shankarwar, Dilip Digambar Shankarwar, Vishwas Venkatrao Shankarwar, Lenina Venkatrao Shankarwar, Varsha Prakash Shankarwar, Deepak Nagnath Shankarwar, the blood relatives of the Petitioners who have obtained the validity certificates, 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