Asmita Vijay Mane Minor Thr Her Father Natural Guardian Vijay Ganpat Mane v. State Of Maharashtra Thr Its Secretary Tribal Development And ORS
Digitally signed by GAURI AMIT GAEKWAD Date:
2025.09.29 11:26:26 +0530 GAURI AMIT GAEKWAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(901) WRIT PETITION NO.12117 OF 2025 Pratik Vijay Mane Minor through her father & natural guardian Vijay Ganpat Mane ....Petitioner
Versus
State of Maharashtra and Ors.
....Respondents AND
(902) WRIT PETITION NO.12119 OF 2025 Asmita Vijay Mane, Minor through her father & natural guardian Vijay Ganpat Mane ....Petitioner
Versus
State of Maharashtra and Ors.
....Respondents ---- Mr. Chintamani K. Bhangoji for the Petitioner in both Petitions. Mr. A.R. Deolekar, AGP for the Respondent - State in WP/12117/2025.
Mrs. P.N. Diwan, AGP for the Respondent - State in WP/12119/2025.
---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 25th SEPTEMBER, 2025 P.C. :- 1.
These are examples of cases wherein the Authorities have acted highhandedly. These two Petitioners are siblings (brother and sister). Their father has been issued a Koli Mahadev Scheduled
Tribe caste certificate. The said certificate is intact and has not been recalled. The contention of the learned AGPs, on instructions, is that these two siblings are not being issued caste certificates because the father has not acquired the validity certificate. 2.
This is strange logic made applicable by the Committee. When the father belongs to the Koli Mahadev Scheduled Tribe category, it does not require any thought process or wisdom to conclude that the biological son or daughter also belongs to the Koli Mahadev Scheduled Tribe category. It is only in the case of seeking validity that a full-fledged inquiry into each caste certificate and claim of an individual, is to be carried out under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (the 2000 Act). 3.
It is, thus, apparent that these two minors had to approach this Court through their father only because of an unreasonable stand taken, not only by the Sub Divisional Officer,
who refused the caste certificate, but also by Respondent No.2, the Scheduled Tribe Certificate Scrutiny Committee. 4.
In view of the above, both these Petitions are allowed. The impugned orders are quashed and set aside. 5.
The then three Members of Respondent No.2 Committee and the then Sub Divisional Officer, shall deposit Rs.5,000/- each, from their salary bank account, in this Court on or before 15th October, 2025. At the request of the learned Advocate for the Petitioners, on instructions, the cost amount shall be donated for a public cause. Therefore, the Registry is directed to transfer Rs.10,000/- each to the following two establishments : - 1.
Children Aid Society, Mumbai Account No.02370100005612 Bank Name :UCO BANK Branch - Matunga IFSC : UCBA0000237 2.
In Defense of Animals Account No.04060100019102 Bank Name :Bank of Baroda
Branch - Chandavarkar Road Branch, Matunga IFSC : BARB0CHANDA ('0' is a digit not alphabet) MICR No.: 400012046 6.
Respondent No.3, shall issue the Koli Mahadev Scheduled Tribe certificate with proper spelling, to both these Petitioners, within 15 days from today.
7.
Needless to state, if the Petitioners or their father, Vijay Ganpat Mane, approach the Committee for a validity certificate, this order shall not be cited, as it is restricted only to the aspect of issuance of the caste certificate, and such claim of the father or these children shall be dealt with strictly in accordance with the provisions of the 2000 Act.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)