Chandrakant Prabhakar Ankushe Jamadar v. The State Of Maharashtra And Others

2026:BHC-AUG:877-DB 1 974.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 WRIT PETITION NO. 10076 OF 2025 CHANDRAKANT PRABHAKAR ANKUSHE JAMADAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Jadhavar Pratap V. AGP for Respondent/State : Mr. P.K. Lakhotiya ...

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

DATE : 06.01.2026 ORAL ORDER :

.

Heard learned counsel for the petitioner as well as learned AGP for the State and the respondent No.2/Caste Scrutiny Committee. 2.

By this Writ Petition, the petitioner is challenging the common judgment and order dated 29.04.2025 passed by the Caste Scrutiny Committee by which the claim of the petitioner of belonging to 'Koli Mahadev' Scheduled Tribe has been invalidated. 3.

Learned counsel for the petitioner submits that the distant blood relative of the petitioner viz. Manjiree Kiran Ankushe has already been granted conditional validity by this Court vide order dated 04.09.2024 in Writ Petition No.9622 of 2024. He would further submit that even the respondent No.2/Caste Scrutiny Committee has also granted validity certificate in favour of his blood relatives viz. Hanumant Prabhakar Jamadar (Ankushe) and Suryakant Ganpati Jamadar (Ankushe).

2 974.doc 4.

Learned counsel for the petitioner therefore, submits that though the said validity certificates granted by the Caste Scrutiny Committee as well as by this Court were placed on record by the petitioner, the respondent No.2/Caste Scrutiny Committee committed an error in discarding the same. Learned counsel for the petitioner, therefore, submits that, considering this aspect, the petitioner deserves to be granted conditional validity.

5.

Per contra, learned AGP while supporting the impugned order would submit that the Scrutiny Committee has considered the documents of 1976 showing the caste of the petitioner as 'Koli' which falls under the Special Backward Class Category (S.B.C.). He would further submit that the Caste Scrutiny Committee has also noticed certain interpolations in respect of the record pertaining to Hanumant Prabhakar Koli who is cousin grandfather of the petitioner, He, therefore, urge that the Writ Petition deserved to be dismissed. 6.

After having considered the submissions advanced by the learned counsel for the petitioner as well as learned AGP, we find that this Court while granting conditional validity to Manjiree (supra), has considered the self-same documents. Even after considering the said documents, this Court has granted conditional validity to said Manjiree (supra).

7.

The validity certificates of the distant blood relatives on the basis of which the petitioner is relying upon, are already subject matter of reverification and show-cause notices have been issued to those validity

3 974.doc holders, we find that unless the caste validity certificates of those validity holders are recalled by the Caste Scrutiny Committee, the same holds the field. The petitioner, therefore, deserves a conditional validity certificate. The relationship of the petitioner with those validity holders has not been disputed by either the Caste Scrutiny Committee in its order nor by the learned AGP.

8.

In that view of the matter, we are inclined to allow the Writ Petition partly. We, therefore, pass the following order :

ORDER

i) The Writ Petition is partly allowed.

ii) The impugned order dated 29.04.2025 passed by the respondent/Caste Scrutiny Committee invalidating the tribe claim of the petitioner of belonging to 'Koli Mahadev' Scheduled Tribe is hereby quashed and setaside. iii) The respondent/Caste Scrutiny Committee is directed to issue conditional tribe validity certificate of 'Koli Mahadev' Scheduled tribe to the petitioner.

iv) The caste certificate issued in favour of the petitioners will be coterminus with those blood relatives on which the petitioner is relying upon and subject to reverification that will be initiated before the Caste Scrutiny Committee. v) We direct that the petitioner and the validity holders on the basis of which the petitioner is claiming conditional validity should

4 974.doc extend full-co-operation for deciding the proceedings of re-verification.

vi) The petitioner will not claim any equities.

vii) With these directions, the Writ Petition stands disposed of.

( ABASAHEB D. SHINDE, J. ) ( SANDIPKUMAR C. MORE, J. ) vsj..