Akash S/O. Rajesh Hedaoo v. State Of Maha., Thr. Secy., Tribal Development Dept., Mumbai And ANR.
2025:BHC-NAG:14149-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.829 OF 2025 Akash S/o Rajesh Hedaoo, Aged about 25 years, Occu: Student, R/o Kundan Apartment, Madhav Nagar, Gaurakshan Road, Akola-444 004.
....PETITIONER ...V E R S U S...
1. State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.
2. The Scheduled Tribe Certificate Scrutiny Committee, through its Secretary, Amravati Division, Amravati.
...RESPONDENTS ------------------------------------------------------------------------------------------- Shri S.S. Sanyal, Advocate for petitioner.
Shri A.S. Fulzele, A.G.P. for respondents/State. ------------------------------------------------------------------------------------------- CORAM : SMT. M.S. JAWALKAR & M.W. CHANDWANI, JJ. DATE : 08.12.2025 ORAL JUDGMENT : (Per : M.W. Chandwani, J.) 1.
Rule. Rule made returnable forthwith. Heard finally with the consent of both the parties.
2.
The caste claim of the petitioner who claims to be belonging to 'Halbi' (Scheduled Tribe) came to be invalidated by the respondent no.2 - Scheduled Tribe Certificate Scrutiny Committee, Amravati (for short "Committee") by order dated 10.10.2024 mainly on the ground that when matter of the
petitioner was referred to Vigilance Cell for enquiry, the Vigilance Cell collected two documents namely, the death entry of Bulki-the wife of the forefather of the petitioner dated 29.05.1929 showing her caste as 'Koshti' and the second document i.e. the birth entry of another forefather - Lakshman dated 26.11.1947 showing his caste as 'Koshti'.
3.
The petitioner is a student. For securing admission on a seat reserved for Scheduled Tribes, he obtained the caste certificate from Sub-Divisional Officer, Achalpur and applied for validation of his caste claim. The petitioner relied on almost 11 documents showing his as well as the caste of his forefathers as 'Halbi'. However, relying on the two contra-entries mentioned above, the respondent no.2 - Committee invalidated the caste claim of the petitioner.
4.
We have heard the learned counsel for the petitioner as well as learned Assistant Government Pleader for the respondents. 5.
Learned counsel for the petitioner tendered the judgment in Writ Petition No.2273 of 2024 filed by the aunt of the petitioner namely Sharayu D/o Ramesh Hedaoo against the invalidation of her caste claim as 'Halbi'. The aunt of the petitioner relied upon the same documents on which the petitioner has relied
upon in his case. The abovesaid writ petition came to be allowed by this Court vide order dated 24.11.2025. The Division Bench of this Court (Coram: Smt. M.S. Jawalkar and Raj D. Wakode, JJ.) after discussing all the abovesaid documents more particularly, the contra-entries relied upon by the respondent no.2 - Committee in the said writ petition and declared that the aunt of the petitioner belongs to 'Halbi' (Scheduled Tribe).
6.
The learned Assistant Government Pleader fairly concedes that the present case is covered by the above said decision. Having found so, we are of the opinion that the order passed by the respondent no.2 - Committee is required to be set aside by allowing this petition. Accordingly, we pass the following order:
7.
The writ petition is allowed.
8.
The impugned order dated 11.10.2024 passed by the respondent no.2 - Scheduled Tribe Certificate Scrutiny Committee, Amravati in Case No.lvk$vtizrl$ve/5/503/Edu/072024/282235 is hereby quashed and set aside.
9.
It is hereby declared that the petitioner belongs to 'Halbi', Scheduled Tribe.
10.
The respondent no.2- Scheduled Tribe Certificate
Scrutiny Committee, Amravati is directed to issue Validity Certificate to the petitioner within two months from the date of receipt of this order.
11.
Rule is made absolute in the abovesaid terms. No order as to costs.
(M.W. CHANDWANI, J.) (SMT. M.S. JAWALKAR, J.) Wagh