1 1037.WP No.4792-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No. 4792/2024 1. Nakul S/o. Venkatrao Totawar, Age : 36 years, Occu. Service, R/o. Totawar Galli, Degloor Tq.Degloor,Dist.Nanded. ...Petitioner Versus 1. The State of Maharashtra Through its Secretary Tribal Development Department, Mantralaya,Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee Kinwat Head quarter at Chh.Sambhajinagar Through its Dy.Director (R), Dist.Chh.Sambhajinagar. 3. The Deputy Director, Health Services, Latur Division Latur,Dist.Latur. 4. The District Malaria Officer Nanded, Dist.Nanded 5. The District Filaria Officer Nanded, Dist.Nanded ...Respondents ... 2025:BHC-AUG:3506-DB 2 1037.WP No.4792-2024.doc Advocate for Petitioner : Mr.Sunil M. Vibhute AGP for Respondent Nos. 1 to 5 : Mrs.R.R.Tandale … CORAM : S.G.MEHARE & SHAILESH P. BRAHME, JJ. DATE : 05th FEBRUARY 2025 PER COURT : 1. Heard both sides finally as per the urgency expressed by the petitioner. 2. Petitioner is questioning the judgment and order dated 18.04.2024 passed by the respondent/scrutiny committee invalidating tribe certificate of the petitioner. Petitioner is relying on validities issued to his real brothers Mukul and Nikhil and his first degree cousins Abhijeet and Chetan. 3. Learned counsel for the petitioner has invited our attention to the fact that tribe claim of the petitioner was rejected by common judgment and order dated 18.04.2024. It was subjected to challenge by Chinmay Abhijeet Totawar in Writ Petition No. 5911 of 2024. The co-ordinate bench allowed the petition vide order dated 03.07.2024 granting conditional validity. This fact has not been disputed by learned AGP for the respondents. Apparently, the self-same record was under scrutiny before the co-ordinate bench while granting validity to Chinmay. We have no alternative than to grant conditional validity to the petitioner. 3 1037.WP No.4792-2024.doc 4. Additionally, we find that the relatives of the petitioner Ambika Arvind Totawar, Ajay Vasant Totawar, Vedangi Ajay Totawar and Manish Ajay Totawar were granted validities by the distinct orders of the High Court. The petitioner is entitled to validity on the ground of parity. Petitioner is ready to face the consequences as laid down in the matter of Shweta Balaji Isankar Vs. The State of Maharashtra and others in Writ Petition No. 5611 of 2018. We therefore pass following order : ORDER a) Writ Petition is allowed partly. b) Impugned judgment and order dated 18.04.2024 is quashed and set-aside to the extent of the petitioner. c) The Respondent No.2/Scrutiny committee shall forthwith issue Tribe Validity Certificate of ‘Mannervarlu’ Scheduled Tribe to the petitioner which shall be subject to outcome of re-verification undertaken by the scrutiny committee. d) Petitioner shall not claim any equity. [ SHAILESH P. BRAHME, J.] [ S.G.MEHARE, J.] VSJ.. 4 1037.WP No.4792-2024.doc