Yogeshwari Shamrao Kanthewad And Another v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:26197-DB 40-wp-11154-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 40 WRIT PETITION NO. 11154 OF 2025 1.

Yogeshwari Shamrao Kanthewad Age : 30 years, Occupation : Student 2.

Vijay Shamrao Kanthewad Age : 33 years, Occupation : Service

...Petitioners

VERSUS

1.

The State of Maharashtra Through Its Secretary 2.

The Scheduled Tribe Certificate Scrutiny Committee Kinwat Division, Aurangabad, Through its Member Secretary.

3.

The Sub-Divisional Officer Bhokar, Nanded Maharashtra

...Respondents

...

Mr. Jayewar Sainath Gangadhar, Advocate for the Petitioner Mr. K. B. Patil-Bharaswadkar, Additional G.P. for Respondents/State ...

CORAM : R. G. AVACHAT AND ABASAHEB D. SHINDE, JJ.

DATED : SEPTEMBER 22, 2025 P.C.:

1.

The petitioners claim to have belonged to 'Mannervarlu' Scheduled Tribe. Their Tribe Certificates have not validated by Respondent-Scrutiny Committee and therefore they are before us in this Petition.

2.

The fact is that the father of the petitioners and other close blood relations have been granted Validity Certificates. The records indicate that there are 11 blood relations who hold such validity. Seven of them Narwade/

40-wp-11154-2025.odt have been granted by the Scrutiny Committee while the rest on the strength of the orders passed by this Court in Writ Petition No. 14131 of 2021, Writ Petition No.7631 of 2021, Writ Petition No.1531 of 2020 and Writ Petition No.11848 of 2024.

3.

The learned A.G.P. would submit that in case of the father of the petitioners, the names of two of the petitioners were not shown as his sons. We failed to understand as to why the petitioners will forge their relationship with Shyamrao as their father. The said genealogy might have been given as that much was relevant. The relationship is not in dispute here. Since the father of the petitioners hold the validity besides the other blood relations stated herein above, the only course open for us is to grant the petitioners conditional validity certificates. Hence the following order :- :: ORDER ::

i.

The Writ Petition is allowed.

iii.

Respondent-Scrutiny Committee shall immediately issue the Petitioners Validity Certificates of 'Mannervarlu' Scheduled Tribe in the prescribed format without adding anything.

iv.

The Validity Certificates shall be subject to the final outcome of the matters intended to be reopened by the Scrutiny Committee. [ABASAHEB D. SHINDE, J.] [R. G. AVACHAT, J.] Narwade/