21.WP.14972.23.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.14972 OF 2023 Anuradha Baburao Kawalikar, … PETITIONER VERSUS 1. The State of Maharashtra, through Secretary, Department of Tribal Development, Mantralaya, Mumbai – 32. 2. Scheduled Tribes Certificate Scrutiny Committee, through its Member Secretary Kinwat, (Office at Aurangabad) 3. The Divisional Controller, Maharashtra State Road Transport Corporation, Ahmednagar Division, Ahmednagar. … RESPONDENTS ... Advocate for petitioner : Mr. Deepak D. Choudhari A.G.P. for respondents No.1 and 2 : Mr. R.K. Ingole … CORAM : MANGESH S. PATIL & Y.G. KHOBRAGADE, JJ. DATE : 13.03.2025 ORDER (MANGESH S. PATIL, J.) : Heard. Rule. It is made returnable forthwith. Learned AGP waives service for respondents No.1 and 2. 2. The petitioner by invoking the powers of this Court under Article 226 of the Constitution of India is challenging the judgment and order of the respondent No.2 – Scheduled Tribe Certificate Scrutiny Committee (the Committee) dated 16.11.2022 in a proceeding under Section 7 of the Maharashtra Act No.XXIII of 2001 refusing to validate her ‘Koli Mahadev’ scheduled tribe certificate. 1/3 2025:BHC-AUG:8064-DB 21.WP.14972.23.odt 3. The learned advocate for the petitioner submits that there are several validities in the blood relation which have been ignored by the Committee on the ground of its perception about those having been obtained by practising fraud. He would submit that petitioner’s real brothers Suryakant, Gensh, Raju, Kishor and Shivkant have been issued with certificates of validity. Kishor’s son Omkar has also been held entitled to have a certificate of validity pursuant to the order of this Court in Writ Petition No.11524/2023, by the order dated 14.09.2023. He submits that since all these validities were issued by following due process of law and particularly Omkar was granted pursuant to the order of this Court, the petitioner is entitled to derive its benefit. She is ready to face the consequences as laid down in the matter of Shweta Balaji Isankar Vs. State of Maharashtra and Ors.; WP No.6320/2017. The impugned order overlooks the law laid down in the matter of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and Ors.;2023 SCC Online SC 326, and the impugned judgment being perverse and arbitrary may be quashed and set aside. 4. Learned AGP supports the order of the Committee. 5. We have considered the rival submissions and perused the papers. 6. There is no dispute about the fact that the petitioner’s aforementioned five real brothers possess certificates of validity. Pertinently, Omkar who is son of brother Kishor was also held entitled to 2/3 21.WP.14972.23.odt have a certificate of validity by this Court. 7. Applying the parameters laid down in Maharashtra Adiwasi Thakur Jamat (supra), irrespective of the stand of the Committee in overlooking the validities of the brothers, the fact that the High Court has found Omkar who is petitioner’s nephew entitled to have certificate of validity, the petitioner deserves to be treated alike. 8. Though the Committee has made certain observations about contrary record having been actively concealed by the validity holders, till the time the exercise for recalling the certificates of validity is not undertaken by the Committee, the validities would be relevant and enforceable, allowing the petitioner to take advantage. 9. In the light of above, the impugned judgment and order is liable to be quashed and set aside. 10. The writ petition is allowed partly. 11. The impugned order is quashed and set aside. The respondent – Scrutiny Committee shall immediately issue certificate of validity to the petitioner of ‘Koli Mahadev’ scheduled tribe, which shall be co-terminus with the validities, which the committee has decided to reopen. 12. The petitioner shall not be entitled to claim equities. (Y.G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) habeeb 3/3