910-WP-5416-2020.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 WRIT PETITION NO. 5417 OF 2020 WITH CIVIL APPLICATION NO. 5438 OF 2025 Balaji Atmaram Thakur ….Petitioner VERSUS The State of Maharashtra and others …..Respondents ….. Mr. Yeramwar Sushant C., Advocate for Petitioner Ms. Vaishali S. Chaudhari, AGP for Respondent Nos.1 and 2 Mr. S. V. Adwant, Advocate for Respondent No.3 ….. CORAM : R. G. AVACHAT & NEERAJ P. DHOTE, JJ. DATE : 01.07.2025 PER COURT : 1. Heard fnalll with the consent of the learned Advocate for the Petitioner, learned AGP appearing for Respondent Nos.1 and 2 and the learned Advocate appearing for Respondent No.3. 2. The Petitioner, who is serving as an Electrical Assistant with Respondent No.3, was appointed on the post reserved for the ‘Scheduled Tribe Categorl’. The Petitioner claimed to be belonging to the ‘Thakur’ Scheduled Tribe. His caste certifcate was sent for verifcation to Respondent No.2 – Committee. On considering the documents, Respondent No.2 – Committee invalidated the Petitioner’s claim towards the said ‘Thakur’ Scheduled Tribe bl the impugned order dated 03/03/2020, which is placed at Page No.54 of the Petition. Hence, this Writ Petition. 1 2025:BHC-AUG:16777-DB 910-WP-5416-2020.odt 3. It is submitted bl the learned Advocate for the Petitioner that, the Petitioner’s father is issued the certifcate of validitl towards ‘Thakur’ Scheduled Tribe bl the concerned Committee on 20/11/2001. He submits that, two cousins of the Petitioner are granted conditional validitl towards the said ‘Thakur’ Scheduled Tribe bl this Court, in Writ Petition Nos.9823/2024 and Writ Petition No.14464/2021 bl a common order dated 06/09/2024. He submits that, as there is no dispute in respect of the relation between the Petitioner and the said Petitioners, the Petition be allowed. 4. The learned AGP appearing for Respondent Nos.1 and 2 submits that, the certifcate of validitl issued to the Petitioner’s father is sans reasons. However, she does not dispute that, the said validitl certifcate is issued bl the concerned Committee in favour of the Petitioner’s father. She submits that, the above-referred order of this Court in the above-referred Writ Petitions is a matter of record. 5. The learned Advocate for Respondent No.3 opposes the Petition. He submits that, Respondent No.2 – Committee has considered the documents on record and has rightll passed the impugned order. Hence, the Petition be dismissed. 6. Since there is no dispute that the Petitioner’s father is holding validitl for ‘Thakur’ Scheduled Tribe and the real cousins of the Petitioner are granted conditional validitl bl this Court in the above-referred Writ Petitions, the impugned order needs to be set aside and hence, we proceed to pass the following order:- 2 910-WP-5416-2020.odt ORDER [I] The Writ Petition is partll allowed. [II] The impugned order dated 03/03/2020 passed bl Respondent No.2 – Committee is quashed and set aside. [III] Respondent No.2 – Committee shall issue tribe validitl certifcate to the Petitioner as belonging to ‘Thakur’ Scheduled Tribe, which shall be co-terminus with the validities of earlier validitl holders. 7. In view of the above, Writ Petition as well as Civil Application are disposed off accordingll. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer/Jull-2025 3 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 02/07/2025 11:02:31