1 905-WP.11930-24+1.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 905 WRIT PETITION NO. 11930 OF 2024 SAINATH NAGNATH JAYEWAR AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 906 WRIT PETITION NO. 11936 OF 2024 SWETHA SAINATH JAYEWAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Advocate for Petitioners : Mr. A. D. Sonkawade h/f Mr. Jayewar Sainath Gangadhar. AGPs for Respondents-State : Mr. D. R. Korade Mr. S. B. Pulkundwar, respectively. … CORAM : S. G. MEHARE, AND SHAILESH P. BRAHME, JJ. DATE : 13.02.2025 PER COURT :- 1. Heard both sides finally at the admission stage considering the exigency in the matters. 2. The petitioners are relatives inter se and they claimed to be belonging to Scheduled Tribe “Mannervarlu”. Their Tribe 2025:BHC-AUG:4353-DB 2 905-WP.11930-24+1.odt certificates are invalidated by the Scrutiny Committee. As there is a common record we proposed to decide both writ petitions by this common order. 3. The petitioners are relying on the validities issued to the paternal side blood relatives namely Jagdish, Chiranjeev, Rupali, Manisha, Ravi etc. Jagdish is the first validity holder relying on whose validity Chiranjeev was issued validity certificate and thereafter, further validities were issued. It transpires from record that Ravi Dattatraya Jayewar was issued with validity certificate by the order passed by Co-ordinate Bench in Writ Petition No.11740 of 2018. On the ground of parity, the petitioners are claiming validity certificates. They are ready to face consequences as per Shweta Balaji Isankar Vs. State of Maharashtra and others (Writ Petition No.6320 of 2017). 4. Learned AGP supports impugned judgments and orders. He would submit that proper scrutiny was conducted by the Committee in rejecting the tribe claims. The validities which are pressed into service are not reliable. The Committee has proposed re-verification and issued show cause notices also. 3 905-WP.11930-24+1.odt No fault can be found in the impugned judgments and orders. Hence, the writ petitions are liable to be rejected. 5. We have gone through the genealogy which is at page No.68 of Writ Petition No.11930 of 2024. The petitioners and the validity holders are figuring in the genealogy. The relationship between them has not been disputed. Ravi who is one of the validity holders was issued with validity certificate by the Co-ordinate Bench vide order dated 04.12.2023 in Writ Petition No.11740 of 2018, by reasoned order. We also proposed to adopt the same course. Besides that, it is noticed that numerous validities are issued in the family of the petitioners. Under these circumstances, unless earlier validities are recalled, the petitioners cannot be treated differently. 6. The petitioners are ready to face the consequences as per Shweta (cited supra). Therefore, we are of the considered view that they are entitled to issue validity conditionally. Impugned judgments and orders are unsustainable. We, therefore, pass the following order : O R D E R (i) Writ Petitions are partly allowed. 4 905-WP.11930-24+1.odt (ii) The impugned judgments and orders are quashed and set aside. (iii) Respondent No.2/Scrutiny Committee shall forthwith issue Tribe Validity Certificates of "Mannervarlu" Scheduled Tribe to the petitioners and the same shall be subject to outcome of re- verification by the Scrutiny Committee. (iv) The petitioners shall not claim equities. (SHAILESH P. BRAHME, J.) (S. G. MEHARE, J.) … vmk/-