← Library
Bombay High CourtWP/11773/2025disposed off

Ayush Mahendra Kandelkar And Another v. Schedule Tribe Certificate Scrutiny Committee Through Its Member Secretary

2025-09-26Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Abasaheb D. Shinde2 pages

modified order.odt This order is modified by speaking to the minutes order dated 06.10.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 929 WRIT PETITION NO. 11773 OF 2025 Ayush Mahendra Kandelkar And Another

VERSUS

Schedule Tribe Certificate Scrutiny Committee Through Its Member Secretary ...

Mr. Mahesh S. Deshmukh a/w. Mr. Vasant Bholankar, Advocate for the Petitioner Mr. P. K. Lakhotiya, AGP for Respondents/State ...

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

DATED : SEPTEMBER 26, 2025 P.C.:

1.

Heard. The petitioners claim to have belonged to 'Tokre Koli', Scheduled Tribe. Their Tribe Certificates have not been validated by the Committee. They are therefore before us.

2.

We have heard the learned Advocate for the petitioners and the learned AGP for the Respondent/State. We have also perused the record which dates back to 1902 and 1937, wherein the forefathers of the petitioners have been described to have belonged to 'Tokre Koli', Scheduled Tribe. Those were the days when the petitioners' forefathers did not even have any hint that their tribe would get the status of a Scheduled Tribe, entitled for various benefits in terms of the constitutional provisions. In view of the same, these entries have more Narwade/

modified order.odt This order is modified by speaking to the minutes order dated 06.10.2025 probative value. The Scrutiny Committee ought to have relied on these entries, although the subsequent entries may be contradictory therewith. Since the same has not been done, interference with the order impugned is warranted. Hence the following order :- :: ORDER ::

i.

The Writ Petition is allowed.

ii.

Respondent-Scrutiny Committee shall immediately issue the Petitioners Validity Certificates of 'Tokre Koli', Scheduled Tribe in the prescribed format.

[ABASAHEB D. SHINDE, J.] [R. G. AVACHAT, J.] Narwade/