Asmita Madhav Boinwd Thr Guardian Madhav Shankarrao Boinwad v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:33756-DB 1 923.WP.14357.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14357 OF 2025 ASMITA MADHAV BOINWD THR GUARDIAN MADHAV SHANKARRAO BOINWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for the Petitioner : Mr. Omgashad B. Boinwad and Mr. Ghanshyam K Chinchole AGP for Respondents: Mr. S.D. Ghayal ...

CORAM

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

DATE : 02.12.2025 PER COURT:

1.

Heard. Rule. Rule is made returnable forthwith. With the consent of the parties the matter is heard finally at the stage of admission.

2.

By this petition the petitioner is challenging the order dated 15.09.2025 passed by the respondent No.2 - Caste Scrutiny Committee, thereby, invalidating the caste claim of the petitioner of belonging to 'Koli Mahadev' scheduled tribe.

3.

The learned counsel for the petitioner by inviting our attention to the order dated 23.10.2024 passed in writ petition No.11883/2024 contends that the real brother of the petitioner

2 923.WP.14357.25.odt namely Aniket Madhavrao Boinwad has already been granted validity by this Court and therefore the petitioner is also entitled for conditional validity as granted by this Court. 4.

The learned AGP does not dispute the relationship of the petitioner with the petitioner therein. Considering the same we adopt the same course and hence pass the following order:

O R D E R

a.

The writ petition is partly allowed.

b.

The impugned judgment and order dated 15.09.2025 passed by the respondent No.2 - Scrutiny Committee is quashed and set aside.

c.

The respondent No.2 - Scrutiny Committee shall immediately issue tribe validity certificates to the petitioner as belonging to 'Koli Mahadev' scheduled tribe in the prescribed proforma. d.

The validity certificate of the petitioner shall be co-terminus with the validity certificates of the blood relatives of the petitioner who are facing reverification.

e.

The petitioner shall not be entitled to claim equities. (ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) habeeb/