Manali Ashokrao Balshetwad v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:19307-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4520 OF 2020 Nisha Shankar Balshetwar

VERSUS

1. The State of Maharashtra

2. The Scheduled Tribe Caste Certificate Verification Committee

3. The Principal, Maharashtra Institute of Dental Science and Research Latur Dental College

4. The Registrar, Maharashtra University of Health Sciences

5. The Principal, Rajarshi Shahu College.

Mr. S. M. Vibhute, Advocate for the petitioner Mr. S. P. Joshi, AGP for respondents/State Mr. C. A. Jadhav, Advocate for respondent no.4 WITH WRIT PETITION NO. 11824 OF 2019 Manali Ashokrao Balshetwad

VERSUS

1. The State of Maharashtra

2. The Scheduled Tribe Caste Certificate Verification Committee

3. The Registrar, Dr. Babasaheb Ambedkar Technology University,

4. The Principal, Kai. Haribai Varpudkar Polytechnic Mr. S. M. Vibhute, Advocate for the petitioner Mr. S. P. Joshi, AGP for respondents/State ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 23.08.2024 PER COURT :

We have heard both sides.

2.

By of these separate writ petitions, the petitioners are challenging the common order dated 01/08/2019 whereby the respondent-scrutiny committee refused to validate their 'Mannervarlu' Scheduled Tribe certificates.

3.

The impugned order was a common order in the proposals of these two petitioners and one Swaraj Ashokrao Balshetwad. In Writ Petition no. 9202 of 2019 by the order dated 21/08/2019, to the extent of Swaraj a coordinate division bench, has quashed and set aside the selfsame order of scrutiny committee and he was directed to be issued with a certificate of validity whose validity was made subject to the final outcome of the proceeding which was to be taken up for cancellation of the validity all these petitioners and Swaraj were banking up. 4.

Since a coordinate division bench has already examined sustainability of the order under challenged, the propriety demands that for the selfsame reasons even these petitions are allowed and the petitioners are issued with certificates of validity subject to the same

condition.

5.

It also being pointed out that petitioner Nisha's real brother Yash was also subsequently granted certificate of validity by the order of this Court in Writ Petition No. 8486 of 2020 dated 04/01/2021. 6.

The writ petitions are partly allowed. The impugned orders are quashed and set aside. The committee shall issue certificates of validity to both the petitioners of Mannervarlu' Scheduled Tribe immediately. The validity would be subject to the final outcome of the matter with the committee to be decided. They shall not be entitled to claim any equities.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) SSP