WP-9122-2025.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9122 OF 2025 Shreya Uttam Bodhgire Age 18 years, Occu: Student At Jangamwadi, Post Bahadurpura Taluka Kandhar, District Nanded … PETITIONER VERSUS 1. State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai – 400 032 2. Scheduled Tribe Certificate Scrutiny Committee, Kinwat Division, HQ: Chhatrapati Sambhajinagar, through its Member Secretary having its office Chhatrapati Sambhajinagar 3. State Common Entrance Test Cell, 8th Floor, New Excelsior Building, A.K. Nayak Marg, Fort, Mumbai … RESPONDENTS .… Mr. Ramchandra K. Mendadkar a/w Mr. Vijay Gangalwad, Advocates for the Petitioner Mr. S. K. Tambe, AGP for Respondent Nos. 1 and 2 Mr. Ajinkya Reddy, Advocate for Respondent No.3 .… CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ. DATE : 04.08.2025 1 of 6 2025:BHC-AUG:20746-DB (( 2 )) WP-9122-2025 ORDER (Per: Y. G. Khobragade, J.) :- 1. Heard both the sides. With consent of both the parties, the matter is heard finally at the stage of admission. 2. The challenge in the present Petition is to the order dated 01.07.2025, passed by Respondent No.2 Scrutiny Committee, invalidating “Mannervarlu” Scheduled Tribe claim of the Petitioner. 3. As per the genealogical tree, Chinnaya Bodhgire is the great grandfather of the Petitioner. Koneri was the son of Chinoda. Shivram, Govind, Gurunath, Uttam, Manohar and Balaji are the children of Koneri. The Petitioner is the daughter of Uttam. Ajit Uttam Bodhgire is the real brother of the present Petitioner. 4. On face of record, it appears that the paternal blood relatives of the Petitioner were approached before this Court in various Writ Petitions and this Court passed the orders in different Petitions and granted conditional validity certificates in favour of 31 paternal blood relatives of the Petitioner, as under:- 2 of 6 (( 3 )) WP-9122-2025 Sr. No. Name of the Petitioner Writ Petition Number 1. Balaji Kashiram Bodhgire 10000 of 2019 2. Manas Balaji Bodhgire 9999 of 2019 3. Shivraj Vilasrao Bodhgire 9986 of 2019 4. Sudhakar Anandrao Bodhgire 9163 of 2019 5. Sanjivani Sudhakar Bodhgire 9183 of 2019 6. Devidas Digambar Bodhgire 10021 of 2019 7. Mayuri Manik Bodhgire 1916 of 2019 8. Manoj Manik Bodhgire 9503 of 2019 9. Yogesh Uttamrao Bodhgire 8442 of 2020 10. Tejas Balaji Bodhgire 2046 of 2021 11. Manish Govindrao Bodhgire 5694 of 2021 12. Minakshi Govind Bodhgire 5771 of 2021 13. Rupali Gurunath Bodhgire 5740 of 2021 14. Deepali Gurunath Bodhgire 5694 of 2021 15. Ajit Uttam Bodhgire 2059 of 2021 16. Pratiksha Manohar Bodhgire 5736 of 2021 17. Subhash Kondiba Bodhgire 2233 of 2022 18. Sanket Manik Bodhgire 7238 of 2022 19. Mohini Balaji Bodhgire 13854 of 2023 20. Ravishankar Balaji Bodhgire 13852 of 2023 21. Mangesh Maroti Bodhgire 12592 of 2023 22. Mrunal Chinoda Bodhgire 13853 of 2023 23. Aryan Chonoda Bodhgire 13851 of 2023 24. Sangita Kashiram Bodhgire 18964 of 2024 (Stamp) 25. Ritesh Ashok Bodhgire 7322 of 2024 26. Snehal Manik Bodhgire 7326 of 2024 3 of 6 (( 4 )) WP-9122-2025 27. Prathmesh Manohar Bodhgire 11713 of 2024 28. Rohini Sudhakar Bodhgire 1377 of 2024 29. Ruturaj Sanjay Bodhgire 13881 of 2024 30. Pranali Gurunath Bodhgire 5852 of 2025 31. Ganesh Sudhakar Bodhgire 9056 of 2019 5. Apart from various orders passed by this Court as observed above, Respondent No.2 Committee itself on due inquiry of Vigilance Cell, granted validity certificates in favour of blood relatives of the Petitioner and the said fact is not denied by Respondent No.2 Scrutiny Committee. 6. The learned AGP canvassed that the Petitioner failed to prove the affinity test, as different castes, namely ‘Munarwar’, ‘Manurwar’, ‘Mannurwar’, and ‘Manorwar’, have been disclosed in the caste column of the Petitioner’s blood relatives. Therefore, Respondent No.2 Scrutiny Committee rightly passed the impugned order. Hence, prayed for dismissal of the Writ Petition. 7. On face of record, it appears that this Court passed the orders in various Writ Petitions as mentioned above and granted conditional validity certificates in favour of the paternal blood relatives of the Petitioner subject to the outcome of the re-verification 4 of 6 (( 5 )) WP-9122-2025 of the validity certificate of their blood relatives proposed by the Scrutiny Committee. Therefore, taking into consideration the law laid down in the cases of Mah. Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra & Ors.; AIR 2023 SC 1657, Shweta Balaji Isankar Vs. State of Maharashtra & Ors., 2018 SCC Online Bom. 10341, Apoorva Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and Ors., 2010(6) Mh.L.J. 401, wherein it has been concluded that when the biological father, biological siblings, biological uncle etc., are granted validity certificates, a candidate so related to them, cannot be deprived of a validity certificate. The present Petitioner is entitled to have a certificate of validity. 8. In view of above, the impugned order dated 01.07.2025 passed by Respondent No.2 Scrutiny Committee, is hereby quashed and set aside. 9. Respondent No.2 Scrutiny Committee shall issue 'Mannervarlu' Scheduled Tribe validity certificate in favour of the Petitioner, within a period of four weeks from today, which shall be subject to the following conditions:- 5 of 6 (( 6 )) WP-9122-2025 (a) The caste validity certificate shall be subject to the outcome of the re-verification of the validity certificates of blood relatives of the Petitioners, which the Respondent No.2 Scrutiny Committee may propose to re-open. (b) The Petitioner shall not claim any equity. (c) The Petitioner shall cooperate with the Scrutiny Committee. 10. Accordingly, the Writ Petition is disposed of. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS 6 of 6