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2025 DAILYLAW 3290 (BOM)

SAMBHAJI PRAKASH SURYAWANSHI THROUGH GUARDIAN PRAKASH SAMBHAJI SURYAWANSHI v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

WP/10917/2025 · 2026-06-25

Shri Ajit B Kadethankar, Shri Kishore C Sant

body2025

Judgment text

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( 1 ) 949-WP-10917-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 949 WRIT PETITION NO. 10917 OF 2025 Sambhaji Prakash Suryawanshi Through Guardian Prakash Sambhaji Suryawanshi ...Petitioner VERSUS The State Of Maharashtra Through Its Secretary And Others ...Respondents ... Mr. Avinash M. Nagarkar h/f Mr. S. G. Jayewar, Advocate for Petitioner. Ms. J. P. Reddy, AGP for Respondent-State. CORAM : KISHORE C. SANT & AJIT B. KADETHANKAR, JJ. DATE : 25th JUNE 2026. PC :- 1. Heard Mr. Nagarkar h/f Mr. Jayewar, learned Advocate for the petitioner and Ms. Reddy, learned AGP for Respondent/State. By consent of the parties, petition is taken up for final disposal at the stage of admission. 2. A challenge in this writ petition is to an order dated 03.09.2025 passed by Respondent No.2-Scheduled Tribe Certificate Scrutiny ( 2 ) 949-WP-10917-2025 Committee (for short “Scrutiny Committee”) invalidating the tribe claim of the present petitioner as belonging to Koli Mahadev (29) (Scheduled Tribe) on the ground of affinity and also on the ground that the petitioner has produced false and fabricated documents. The petitioner is, therefore, before this Court. 3. Learned Advocate for the petitioner vehemently argued that there is already a validity certificate granted by the Scrutiny Committee to one Shrikant Sanjay Suryawanshi, who happens to be the first cousin of the present petitioner. The father of Shrikant namely, Sanjay Sambhaji Surwayanshi, and father of the present petitioner namely, Prakash Sambhaji Suryawanshi, are real brothers and the sons of one Sambhaji Ranbaji Suryawanshi. He further submits that said Shrikant has already filed affidavit showing the relationship between himself and present petitioner. The observations of the Scrutiny Committee were thus made without properly considering the record. He further submits that from the school record also, it was clearly shown that the caste of the petitioner is recorded as Koli Mahadev (29) (Scheduled Tribe). There are ( 3 ) 949-WP-10917-2025 other documents from the school records showing that his grandfather belonged to Koli Mahadev tribe. He has taken this Court through the observations made by the Scrutiny Committee. He submits that there are many relatives whose names are placed in the record and they are shown to be belonging to Scheduled Tribe. There is also pre- independence document. The oldest document is of the year 1952 in respect of grandfather of the petitioner namely, Sambhaji Ranbaji Suryawanshi and there is no dispute. He thus submits that the petitioner needs to be issued a validity certificate. 4. Learned AGP vehemently opposed the petition. She has produced the original file of the proceedings before this Court. She submits that the signature of the headmaster found on school leaving certificate of Sambhaji Ranbaji Suryawanshi appears to be fabricated. There is an endorsement of the headmaster stating that the record of admission in the school for period prior to 26.10.1953 is lost. The school leaving certificate, therefore, does not bear the signature of the headmaster. The signature is of a clerk namely, Anirudhha Nerulkar. Even the signature ( 4 ) 949-WP-10917-2025 and stamp are not of the school. She thus submits that the document itself is fabricated and cannot be relied upon. It does appear that even complaint was filed by the clerk of the school namely, Anirudhha Nerulkar with the police station about records. The Scrutiny Committee has, therefore, rightly rejected the tribe claim of the petitioner. She thus submits that considering overall documents, it is clear that the petitioner could not prove his claim based on documents. She thus prays for rejection of the writ petition. 5. This Court has perused the record. This Court finds that there is nothing to dispute the relationship between Shrikant and the present petitioner. This Court has already granted validity certificate in favour of Shrikant. When the cousin of the petitioner namely, Shrikant is granted certificate by the Scrutiny Committee, we do not find any reason to refuse to grant validity certificate to the present petitioner. Hence, following order:- ORDER (i) Writ Petition stands partly allowed. ( 5 ) 949-WP-10917-2025 (ii) We direct Respondent No.2-Scheduled Tribe Certificate Scrutiny Committee to issue validity certificate in favour of petitioner within a period of two weeks from today. (iii) We make it clear that, in the event the case of Shrikant Sanjay Suryawanshi, cousin of the present petitioner, or any other relative of the petitioner is reopened, this validity certificate shall be subject to outcome of such proceedings. (iv) With these, writ petition stands disposed off. [AJIT B. KADETHANKAR, J.] [KISHORE C. SANT, J.] D.A.ETHAPE