Dattatraya Dashrath Ainlod v. The State Of Maharashtra Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 995 WRIT PETITION NO. 13854 OF 2024 Dattatraya Dashrath Ainlod Petitioner

Versus

1.

The State of Maharashtra Through Secretary, Tribal Development Department.

2.

Scheduled Tribe Certificate Scrutiny Committee, Chh.

Sambhajinagar.

3.

The Deputy Director, Vocational Education & Training, Chh. Sambhajinagar Respondents ...

Mr. Pratap V. Jadhavar, Advocate for the petitioner. Mr. P.S. Patil, A.G.P. for respondents - State. ...

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED : 7 APRIL 2026.

Oral Order (Per Abasaheb D. Shinde, J.) :

1.

Heard.

2.

By this writ petition, the petitioner takes an exception to the order dated 06.08.2024 passed by the respondent Scrutiny Committee by which tribe claim of the petitioner of belonging to "Mannervarlu" Scheduled Tribe has been invalidated.

(2) 3.

Learned counsel for the petitioner would submit that beside petitioner in respect of three other claimants namely Deepak Narsayya Ainlod, Pranay Vinaykumar Ainlod and Amol Narsayya Ainlod a common vigilance cell enquiry was conducted and tribe claims of those claimants were invalidated. The said claimants, who are cousin nephews of the petitioner, therefore approached this Court by way of Writ Petition No.8630 of 2024 and this Court, by an order dated 14.08.2024, after considering the selfsame record, has granted conditional validity. The learned counsel for the petitioner therefore submits that the petitioner deserves conditional validity.

4.

Per contra, learned A.G.P. would oppose the writ petition by contending that there are certain contra entries which show that the petitioner does not belong to "Mannervarlu" Scheduled Tribe. He has invited our attention to the observations of the Scrutiny Committee by which the Scrutiny Committee has relied on certain contra entries belonging to "Munnarwad" and "Munnurwar".

5.

Having heard learned counsel for the petitioner as well as learned AGP, we find that the cousin nephews of the petitioner, whose tribe claims were invalidated, had approached this court and this court has already granted them conditional validity.

(3) We thus find that the petitioner deserves to be granted conditional validity in the light of the observations made by this Court in the case of Deepak Narsayya Ainlod and others (supra). In that view of the matter, we pass the following order.

ORDER

(i) The writ petition is partly allowed.

(ii) The impugned order dated 06.08.2024 passed by respondent Scrutiny Committee thereby invalidating tribe claim of the petitioner, is hereby quashed and set aside.

(iii) The Scrutiny Committee is directed to issue validity certificate to the petitioner of belonging to "Mannervarlu" Scheduled Tribe, which shall be subject to out of re-verification proposed by the Committee.

(iv) The petitioner will not claim any equity. (v) Writ petition this disposed of.

(ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE VD_Dhirde