Kirtika Shnakar Bodhanapod Under Guardian Of Father Shankar Gangaram Bodhanapod v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:24343-DB 1 wp 11181.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11181 OF 2024 Kirtika Shankar Bodhanapod Under Guardian of Father Shankar Gangaram Bodhanapod .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri Pratap V. Jadhavar, Advocate for the Petitioner. Mrs. Vaishali N. Jadhav-Patil, A.G.P. for the Respondent Nos. 1 and 2.

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

DATE : 08 OCTOBER 2024.

FINAL ORDER :

.

The petitioner is challenging order of invalidation. 2.

Issue notice to the respondents for final disposal. The learned Assistant Government Pleader waives service for both respondents.

3.

With the consent of both sides we are disposing of the petition finally.

4.

The petitioner is challenging order of respondent/Scrutiny Committee thereby invalidating her 'Mannervarlu' scheduled

2 wp 11181.24 tribe certificate by judgment and order dated 23 September 2024. 5.

Admittedly, petitioner's real sister, who had also faced similar invalidation had challenged decision of the Committee in Writ Petition No. 13123 of 2023. By order dated 23 October 2023, we had allowed the writ petition for the reasons being recorded therein and based on the validities in the family she was held entitled to have certificate of validity subject to usual conditions. 6.

Since petitioner's sister possesses certificate of validity and it is a matter of social status, even she is entitled to have certificate of validity subject to same conditions. 7.

The writ petition is partly allowed. The impugned judgment and order dated 23.09.2024 passed by the respondent No. 2/Scrutiny Committee is quashed and set aside. The respondent No. 2/Scrutiny Committee shall issue validity certificate of 'Mannervarlu' scheduled tribe to the petitioner immediately in prescribed proforma. The validity certificate of the petitioner shall be subject to the out come of the petition and the matter of her father which the committee intends to reopen. The petitioner shall not be entitled to claim equities. [SHAILESH P. BRAHME J.] [MANGESH S. PATIL, J.] bsb/Oct. 24