Nagesh Ankush Devale v. The State Of Maharashtra And Another

2025:BHC-AUG:24400-DB 1-WP-11111-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11111 OF 2025 Nagesh Ankush Devle ..PETITIONER

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. S.M. Vibhute, Advocate for petitioner Mr. P.K. Lakhotiya, A.G.P. for respondents ....

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

DATE : 11th SEPTEMBER, 2025 PER COURT :

.

The petitioner's claim, to have belonged to Koli Mahadev Scheduled Tribe, was invalidated by Respondent No.2 - Scrutiny Committee vide order dated 10th September, 2025. He is, therefore, before us in this petition.

2.

The petitioner mainly relied on the validity certificate issued in favour of his real brother on the basis of the order dated 12th September, 2024 passed by this Court in Writ Petition No. 9941 of 2024. 3.

Learned A.G.P. do not dispute this position.

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1-WP-11111-25.odt 4.

The petitioner, therefore, needs to be granted validity certificate. The petition, therefore, partly succeeds in terms of following order :-

ORDER

(I) Writ petition is partly allowed.

(II) Impugned order dated 10th September, 2025 passed by Respondent No.2 - Scrutiny Committee, thereby invalidating the caste claim of the petitioner to have belonged to Koli Mahadev Scheduled Tribe, is hereby set aside.

(III) Since the petitioner is required to submit the certificate of validity to secure admission within stipulated period, Respondent No.2 - Scrutiny Committee shall immediately issue tribe validity certificate to the petitioner as belonging to Koli Mahadev Scheduled Tribe in the prescribed proforma.

(IV) The validity shall be co-terminus with the validity of the earlier holders.

(V) The petitioner shall not claim equity.

(VI) Learned A.G.P. shall ensure that the decision is immediately communicated to the Committee.

( ABASAHEB D. SHINDE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2