Rajendra Mahadev Patil v. The State Of Maharashtra Thr. Principal Secretary Environment And Climate Change And ORS

2025:BHC-AUG:12590-DB 1 913.WP.5646.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5646 OF 2025 SHRUSHTI RAJENDRA SURYAWANSHI

VERSUS

1. THE STATE OF MAHARASHTRA TRIBAL DEVELOPMENT DEPARTMENT MANTRALAYA, MUMBAI - 32 THR. ITS SECRETARY

2. SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, CHATRAPATI SAMBHAJINAGAR THR. ITS MEMBER SECRETARY ...

Advocate for the Petitioner : Mr. Phatale Sagar S. AGP for Respondents: Mr. S.V. Hange ...

CORAM

: MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 29.04.2025 PER COURT:

Heard.

2.

The petitioner is taking exception to the order of invalidation dated 02.07.2024 passed by respondent No.2 - Scrutiny Committee refusing to validate her 'Thakur' scheduled tribe certificate. 3.

The respondent Committee had resorted to a common vigilance inquiry for adjudicating the similar claim of the petitioner and two other individuals namely Harsh Ramvilas Suryawanshi and Vaishnavi Shivaji Suryawanshi, regarding which a common report was submitted by the vigilance officer on 28.06.2023.

4.

For the reasons best known to the Committee in spite of it

2 913.WP.5646.25.odt having already resorted to a common vigilance inquiry, it has chosen to pass separate orders in the matters of these three individuals. Harsh's matter was similarly rejected by a separate order which was a subject matter of challenge before this Court in Writ Petition No.11807/2023. By the order dated 21.09.2023, the petition was allowed, the order impugned in the petition was quashed and set aside. The Committee was directed to issue him a certificate of validity of 'Thakur' scheduled tribe. 5.

When the same set of evidence is a subject matter of scrutiny resorted to by the Committee for deciding the petitioner's claim as also Harsh's claim, when Harsh has been held entitled to have a certificate of validity, we did not record separate reasons much less to arrive at some incompatible conclusion. Therefore, for the same reasons, as the High Court has recorded in the Writ Petition No.11807/2023 in the matter of Harsh, the petition is allowed and the impugned order is quashed and set aside.

6.

At this juncture, the learned AGP, on instructions, from the Committee submits that in fact Harsh's father Ramvilas was the first validity holder whose Writ Petition No.1875/2003 was allowed by this Court on 05.08.2003. He submits that the Committee has filed review application in the matter of Ramvilas. In the light of such information, in our considered view, the petitioner can be directed to be issued with a certificate of validity which could be made coterminous with the validity of Ramvilas.

3 913.WP.5646.25.odt 7.

The writ petition is allowed partly. The impugned order is quashed and set aside. The Committee shall issue certificate of validity to the petitioner of 'Thakur' scheduled tribe which shall be coterminous with the validity of Ramvilas Shankarrao Suryawanshi. (Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) habeeb/