1 902-WP-8421-20.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8421 OF 2020 BANDU LAXMAN WAGHMARE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr. S. M. Vibhute holding for Mr. Kiran M. Nagarkar AGP for Respondents No.1 and 2 : Mr. S. B. Pulkundwar ... CORAM : S. G. MEHARE & SHAILESH P. BRAHME, JJ. DATE : 28-02-2025 PER COURT:- 1. Heard both sides finally at the admission stage considering exigency in the matter. 2. The petitioner is aggrieved by the common judgment and order dated 27.11.2020 invalidating his tribe certificate. 3. The daughter’s tribe certificate was also invalidated by self same judgment. She had preferred Writ Petition No.1983 of 2022. The matter was partly allowed by this Court. One Rameshwar s/o. Walmik is issued with validity certificate under order dated 11.09.1995 in Writ Petition No.3109 of 1993. 2025:BHC-AUG:6267-DB 2 902-WP-8421-20.odt 4. The learned counsel for the petitioner submits that his client is ready to face the consequences as per Shweta Balaji Isankar Vs. State of Maharashtra and others (Writ Petition No.6320 of 2017). In that view of the matter, it is submitted that the petitioner is entitled to conditional validity. The learned A.G.P. would support the impugned judgment and order. 5. The learned counsel for the petitioner tenders on record order dated 09.02.2022 passed by the Co-ordinate Bench in the matter of Dipali Bandurao Waghmare through Power of Attorney Holder Bandurao Laxman Waghmare vs. The State of Maharashtra and others, Writ Petition No.1983 of 2022. She was granted validity certificate conditionally relying on the validities of Rameshwar s/o. Walmik, Madhukar s/o. Lahu, Sudhakar s/o. Lahu, Mahesh s/o. Machindra and Mahananda d/o. Tukaram Waghmare. Relationship of the petitioner with these paternal side relatives is not disputed. The self same record has already been scrutinized and unless the earlier validities are revoked, the petitioner cannot be deprived of a social status. 6. In view of the uncontroversial position stated above that the daughter of the petitioner was granted validity relying on the validities issued to the paternal side relatives. We are of the considered view that the petitioner is also entitled to conditional validity. We propose to adopt same reason and course as done in the matter of Dipali Bandurao Waghmare (supra). 3 902-WP-8421-20.odt 7. The petitioner is ready to face the consequences as per Shweta Balaji Isankar (supra). Therefore, he is entitled to issue validity conditionally. The impugned judgment and order is unsustainable. We, therefore, pass the following order:- ORDER (i) The writ petition is partly allowed. (ii) The impugned judgment and order is quashed and set aside. (iii) Respondent No.2/Scrutiny Committee shall forthwith issue validity certificate of "Koli Mahadev", Scheduled Tribe to the petitioner and the same shall be subject to outcome of re- verification by the Scrutiny Committee. (iv) The petitioner shall not claim equities. [ SHAILESH P. BRAHME ] [ S. G. MEHARE ] JUDGE JUDGE rrd