903-WP-13351-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 903 WRIT PETITION NO. 13351 OF 2024 Kunal Bajirao Wagh, Aged 21 years, Occu: Student, r/o Khullod tq. Sillod, Dist. Ch. Sambhajinagar (Aurangabad) ….Petitioner VERSUS 1. The State of Maharashtra Through Principal Secretary, Tribal Development, Mantralaya, Mumbai 2. The Scheduled Tribe Certificate, Scrutiny Committee, Through its Vice Chairman, Sambhajinagar (Aurangabad). …..Respondents ….. Mr. Yogesh R Suradkar, Advocate for the Petitioner Mr. A. A. A. Khan, AGP for Respondent Nos.1 and 2 ….. CORAM : R. G. AVACHAT & NEERAJ P. DHOTE, JJ. DATE : 21.08.2025 PER COURT : 1. Heard the learned Advocate for the Petitioner and the learned AGP for Respondent Nos.1 and 2. Perused the papers on record. 2. Impugned in this Writ Petition is the order dated 26/11/2024, passed by the Respondent – Committee invalidating the claim of the Petitioner as belonging to ‘Koli Malhar’ Scheduled Tribe. The Petitioner got admission to the B.Sc Agricultural Degree Course on reserved seat. His caste certificate came to be 1 2025:BHC-AUG:23078-DB 903-WP-13351-2024.odt referred to the Respondent – Committee for verification. The Petitioner based his claim on the validaties granted to his real paternal uncle and real paternal cousin brother. The Respondent – Committee invalidated the tribe claim mainly on the ground that, the Genealogy given in the file of the Petitioner’s real uncle by name Bhagaji does not match with the Genealogy given by the Petitioner’s father during the Vigilance Cell Inquiry at the time of Petitioner’s tribe claim. 3. It is submitted by the learned Advocate for the Petitioner that, since the validaties are granted to the real paternal uncle and real paternal cousin brother of the Petitioner by following due procedure, the Petitioner cannot be deprived of the validity towards the same tribe, in view of the Judgment of the Hon’ble Apex Court of India in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and Others; 2023 SCC Online SC 326. He submits that, till the validaties of the blood relatives are valid, the Petitioner be granted conditional validity by setting aside the impugned order. 4. The Petition is opposed by the learned AGP. He submits that, there are no pre-constitution era entries in support of the tribe claim of the Petitioner. He further submits that, in the school record from the year 1962 to 1971, the entry in the school record of the Petitioner’s relatives was shown as ‘Koli’ and in the year 1971, for the first time ‘Koli Malhar’ has been shown. He further submits that, the Petitioner’s real uncle – Bhagaji was issued validity on the basis of validity granted to one Anil Wagh, who is shown to be blood relation of the Petitioner’s uncle. He further submits that, during the Vigilance Cell Inquiry, the Petitioner’s father gave the Genealogy, which does not match with the 2 903-WP-13351-2024.odt Genealogy given by the Petitioner’s uncle in his case. He submits that, the Respondent – Committee has rightly passed the impugned order and no interference is called for and the Writ Petition be dismissed. 5. We have perused the papers on record and also perused the files made available by the Respondent – Committee. There is no dispute that, the Petitioner’s real uncle – Bhagaji is granted validity by following due procedure. The file of Bhagaji shows that, Anil Shamrao Wagh, who is a validity holder for the same tribe, had filed an Affidavit showing the Genealogy that, he was in blood relation with the Petitioner’s real uncle – Bhagaji. The file of the Petitioner shows that, the Petitioner’s father gave the Genealogy, wherein, he had shown the branch of only Kaduba by showing the names of daughters and sons of Kaduba. If we compare both the Genealogical Charts which were given in the case of Bhagaji and in the case of Petitioner, Kaduba is shown to have three sons by names Tejrao, Bajirao and Bhagaji. The same names are shown as the sons of Kaduba’s in the file of Bhagaji. Therefore, it appears that, the branch of Anil was not shown at the time of Vigilance Inquiry of the Petitioner. Since there is no dispute that, the said Bhagaji is the real paternal uncle of the Petitioner and another validity holder Sachin is the real paternal cousin brother of the Petitioner and they are granted validaties towards the same Scheduled Tribe by following due procedure, the Petitioner cannot be deprived of the validity towards the same Scheduled Tribe. There is also no dispute that, while considering the validaties to the Petitioner’s said real paternal uncle – Bhagaji, the school entries in the blood relation as ‘Koli’ were also considered. Therefore, this ground that, there were entries of ‘Koli’ will not be available to support the impugned order. In this view of the matter, we are 3 903-WP-13351-2024.odt inclined to grant conditional validity to the Petitioner and hence, proceed to pass the following order : ORDER (I) The Writ Petition is partly allowed. (II) The impugned order dated 26/11/2024, passed by Respondent No.2 – Committee, is hereby quashed and set aside. (III) The Respondent No.2 – Committee shall issue the validity certificate to the Petitioner as belonging to the ‘Koli Malhar’ Scheduled Tribe, which shall be valid till the validaties of the Petitioner’s uncle and cousin brother are intact i.e. the validity granted to the Petitioner shall be co-terminus with the validaties to his uncle and cousin brother. (IV) The Writ Petition is disposed off accordingly. [NEERAJ P. DHOTE, J.] [R. G. AVACHAT, J.] Sameer/August-2025 4 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 25/08/2025 18:02:41