Venkat Tukaram Mithewad v. The State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:23276-DB 18-wp.12186.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.12186 OF 2024 Venkat Tukaram Mithewad ..Petitioner Vs.
The State of Maharashtra and ors.
..Respondents AND WRIT PETITION NO.13585 OF 2024 Sandip Venkat Mithewad ..Petitioner Vs.
The State of Maharashtra and ors.
..Respondents ---- Mr.P.V.Jadhavar, Advocate for petitioner Mr.A.R.Kale, Addl. Govt. Pleader for respondent nos.1 and 2 ----
CORAM
:
R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.
DATE :
AUGUST 25, 2025 ORDER :- Heard learned counsel for the petitioners and learned Addl. Government Pleader for respondent nos.1 and 2. 2.
Since both the Writ Petitions arise out of the common order dated 11.10.2024, passed by respondent no.2 - Scrutiny Committee, invalidating the tribe claims of the petitioners towards "Mannervarlu", Scheduled Tribe, the petitions are being decided by this common order.
18-wp.12186.2024 3.
The petitioner - Sandip is son of another petitioner - Venkat. Their claims towards "Mannervarlu", Scheduled Tribe, were referred to respondent no.2 - Scrutiny Committee, which came to be invalidated, mainly on the ground of interpolation in the school record of their ancestors.
4.
There is no dispute in respect of the genealogy submitted before respondent no.2 - Scrutiny Committee. There is also no dispute that Vitthal Venkat Mithewad, who is real brother of petitioner - Sandip Venkat Mithewad has been granted validity by respondent no.2 - Scrutiny Committee, by following the due procedure of law. The vigilance enquiry was conducted in the matter of Vitthal Venkat Mithewad.
5.
This Court, in seven Writ Petitions, has granted conditional validity to the blood relatives of the petitioners towards "Mannervarlu", Scheduled Tribe.
It is seen that this Court, in those Writ Petitions, has considered above interpolation in the school record. In the light of this factual aspect, we are following the same course and partly allowing the Writ Petitions, directing grant of the conditional validity to the petitioners herein.
18-wp.12186.2024 6.
Hence, the following order:- (i) Both the Writ Petitions are partly allowed.
(ii) The impugned order dated 11.10.2024, passed by respondent no.2 - Scrutiny Committee, is quashed and set aside. (iii) Respondent no.2 - Scrutiny Committee shall issue validity certificates to the petitioners as belonging to "Mannervarlu", Scheduled Tribe, which shall be subject to the decision that would be taken by respondent no.2 - Scrutiny Committee in the validation proceedings in respect of the blood relatives of the petitioners which are reopened, within one week.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP