Sachin Gangadhar Kondawar v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:26364-DB 1 wp 11791.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11791 OF 2024 Sachin Gangadhar Kondawar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri A. D. Sonkawade, Advocate h/f Shri Sainath G. Jayewar, Advocate for the Petitioner.

Shri S. R. Yadav Lonikar, A.G.P. for Respondent Nos. 1 and 2. CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 24 OCTOBER 2024.

FINAL ORDER :

.

The petitioner is before us aggrieved by the judgment and order of respondent No. 2/Scrutiny Committee dated 11 October 2024 refusing to validate his 'Mannervarlu' scheduled tribe certificate.

2.

We have heard both the sides finally considering urgency. 3.

Admittedly, petitioner's first degree cousin Dinesh Shivaji Kondawar was held entitled to have certificate of validity by the order of this Court dated 04.10.2017 in Writ Petition No. 10532 of 2017 (Principal Seat). His distant cousins Shravani Sayalu Kondawar and Snehal Rajendra Kondawar were also held entitled to similar conditional validities in Writ Petition No.

2 wp 11791.24 10364 of 2024 by the order dated 29 August 2023. 4.

Petitioner cannot be discriminated again. Moreso, he is ready to run the risk of facing consequences as contemplated in the matter of Shweta Balaji Isankar Vs. The State of Maharashtra and others judgment dated 27 July 2018 in W. P. No. 5611 of 2018. Petitioner is entitled to receive conditional validity.

5.

The writ petition is allowed partly. Impugned judgment and order dated 11.10.2024 passed by respondent No. 2/Scrutiny Committee is quashed and set aside. Respondent No. 2/Scrutiny Committee shall issue certificate of validity to the petitioner of 'Mannervarlu' scheduled tribe immediately in prescribed proforma. Same shall be subject to out come of reverification undertaken by the scrutiny committee of the earlier validity holder. The petitioner shall not be entitled to claim equities. [SHAILESH P. BRAHME J.] [MANGESH S. PATIL, J.] bsb/Oct. 24