1 wp 12178.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO. 12178 OF 2024 1. Govind Ram Tatewad and others ..PETITIONERS -VERSUS- 1. The State of Maharashtra and others ..RESPONDENTS ... Advocate for the petitioners : Mr.A. D. Sonkawade h/f Mr. Sainath G. Jayewar AGP for Respondent Nos.1 to 6 : Mr. D.R. Korde … CORAM : S.G. MEHARE AND SHAILESH P. BRAHME, JJ. DATE : 4th FEBRUARY, 2025. P ER COURT : . Heard both sides finally at the admission stage considering exigency in the matter. 2. By way of this petition filed under Article 226 and 227 of the Constitution of India, the petitioners are assailing judgment and order dated 16.10.2024 passed by respondent – Scrutiny Committee invalidating their Tribe Certificates of “Mannervarlu”. They are relying on validity certificates of Gangadhar Linganna Tatewad and Meena Linguram Tatewad. They are also relying on vigilance report prepared in the matter of validity holder Gangadhar. They are praying for validity 2025:BHC-AUG:3500-DB 2 wp 12178.24.odt certificates on parity. 3. Learned AGP supports impugned judgment and order. It is submitted that validities are rightly discarded by the Committee in view of incompatible school record of various relatives and tampering of record of Linganna Moglaji Tatewad. The Committee has rightly rejected the tribe claim due to incompatible school record. The school record of Gangabai is found to be suspicious. It is further submitted that the Committee has decided to issue show-cause notices to earlier validity holders. 4. We have considered rival submissions of the parties. The petitioners are relying on the validities issued to Gangadhar and Meena, who are figuring in the genealogy. They are parental side relatives. In case of Gangadhar, vigilance enquiry was conducted and affinity test was recorded in his favour. He was issued with validity certificate by the Committee with reasoned order. It was validity issued after following due procedure of law and it would enure to the benefit of the petitioner. 5. Another clinching factor is that Meena Linguram Tatewad was issued with validity certificate by intervention of this Court vide order dated 31st July, 2024 in Writ Petition No.2335/2024. By reasoned 3 wp 12178.24.odt order and banking on the validities issued to Gangadhar and others, her claim was accepted. The selfsame record has already been scrutinized. Unless earlier validities are revoked, the petitioners cannot be deprived of same social status. 6. The petitioners are ready to face consequences as per the ratio laid down in the matter of Shweta Balaji Isankar Vs. The State of Maharashtra and others judgment dated 27 July 2018 in W.P. No.5611 of 2018. We find that impugned judgment is unsustainable and the petitioners deserve conditional validity. Hence, we pass following order :- ORDER (i) Writ Petition is allowed partly. (ii) Impugned judgment and order dated 16.10.2024 passed by the Scrutiny Committee is quashed and set aside. (iii) The respondent- Scrutiny Committee shall issue tribe validity certificate of Scheduled Tribe Mannervarlu to the petitioners forthwith, which shall be subject to outcome of reverification of the validities proposed by the Committee. (iv) Petitioners shall not claim equity. (v) There shall be no order as to costs. [SHAILESH P. BRAHME, J.] [ S.G. MEHARE, J.] bsb/Feb. 25