Ajinkya Babasaheb Range v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:24069-DB 1 939 WP 10943-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO. 10943 OF 2025 Ajinkya Babasaheb Range

VERSUS

The State Of Maharashtra Through Its Secretary And Another ...

Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents-State: Mr. S. B. Pulkundwar ...

CORAM

: R. G. AVACHAT & ABASAHEB D. SHINDE, JJ.

Dated : SEPTEMBER 09, 2025 PER COURT : - 1.

The petitioner is challenging the order passed by the respondent No. 2 - The Scheduled Tribe Certificate Verification Committee, Chh. Sambhajinagar, dated 04/09/2025, thereby invalidating the tribe claim of the petitioner of belonging to 'Koli Mahadev' - Scheduled Tribe. As far as the present petitioner is concerned, he is the real brother of Pratap Babasaheb Range, to whom this Court, in Writ Petition No. 7959 of 2024, by an order dated 14/08/2024, has already granted validity.

2.

We have heard the learned Counsel appearing for the petitioner and the learned AGP for respondent-State. 3.

We are of the considered view that, while deciding the said

2 939 WP 10943-2025 Writ Petition No. 7959 of 2024, this Court had not only considered the validity granted to the blood relatives of the petitioner but also the record produced before the Caste Scrutiny Committee. 4.

The learned AGP submits that the validity holders, on whom the petitioner relies for the validity certificate, have not filed their affidavits before the Caste Scrutiny Committee for establishing their relation with the petitioner, and therefore, the same cannot be relied upon.

5.

Considering the observations made by this Court in Writ Petition No. 7959 of 2024, in the case of he real brother of the petitioner as well as the fact that neither Scrutiny Committee nor the learned AGP have either disputed or denied relationship between the petitioner and the blood relatives holding the validity. Moreover, when the petitioner is ready to run the risk and face consequences as contemplated in the case of Shweta Balaji Isankar v. The State of Maharashtra & Ors., Writ Petition No. 5611 of 2018, decided by a Division Bench of this Court, and since his father as well possesses validity, he should not be deprived of getting the benefit of a validity certificate. We therefore propose to pass the following order :

ORDER

a) The writ petition is partly allowed.

3 939 WP 10943-2025 b) The impugned judgment and order dated 04/09/2025 passed by the respondent No. 2 - The Scheduled Tribe Certificate Verification Committee, Chh. Sambhajinagar, invalidating the caste claim of the petitioner belonging to 'Koli Mahadev' - Scheduled Tribe, is quashed and set aside. c) The respondent No. 2 - The Scheduled Tribe Certificate Verification Committee, Chh. Sambhajinagar, shall immediately issue a tribe validity certificate to the petitioner as belonging to 'Koli Mahadev' - Scheduled Tribe in the prescribed proforma. d) The validity certificate of the petitioner shall be subject to the outcome of verification to be undertaken by the Caste Scrutiny Committee of validity holders on whom the petitioner is relying.

e) The petitioner shall not be entitled to claim equities. f) With these directions, the petition stands disposed of. ( ABASAHEB D. SHINDE, J. ) ( R. G. AVACHAT, J. ) vj gawade/-.