1 903-WP-109-22.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 109 OF 2022 SAMBHAJI CHINAPPA AINWAD VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr. Sunil M. Vibhute AGP for Respondents No.1, 2 and 5 : Mr. D. R. Korade Advocate for Respondents No.3 and 4 : Mr. S. B. Pulkundwar ... CORAM : S. G. MEHARE & SHAILESH P. BRAHME, JJ. DATE : 28-02-2025 PER COURT:- 1. Heard both sides finally at the admission stage considering exigency in the matter. 2. This petition is directed against the common judgment and order passed by respondent No.2/Scrutiny Committee invalidating the petitioner’s tribe certificate as well as tribe certificates of his sons. 3. The learned counsel for the petitioner tenders on record the order passed by this Court in Sudarshan s/o. Sambhaji Ainwad and another vs. The State of Maharashtra and others, Writ Petition No.271 of 2022, dated 02.08.2024, by which the petitioner’s both sons were granted conditional validity. 2025:BHC-AUG:6263-DB 2 903-WP-109-22.odt 4. The learned A.G.P. would support the impugned judgment and order. It is submitted that validities which were issued in the family are under scrutiny and show cause notices have been issued to them. The validities are not reliable and, therefore, it would not be appropriate to grant benefit of those validities to the petitioner. 5. It is a matter of record that respondent No.2 invalidated the tribe certificates of petitioner and his sons considering common record. Both of his sons have been issued with validities by reasoned order passed by Co-ordinate Bench in Writ Petition 271 of 2022 on 02.08.2024 (in which Justice Shailesh P. Brahme is a Member). We propose to adopt the same reasons and course. The self same record has already been scrutinized and unless the earlier validities are revoked the petitioner cannot be deprived of a social status. 6. The petitioner is ready to face the consequences as per Shweta Balaji Isankar vs. State of Maharashtra and others (Writ Petition No.6320 of 2017). Therefore, we are of the considered view that he is entitled to issue validity conditionally. The impugned judgment and order is unsustainable. We, therefore, pass the following order:- ORDER (i) The writ petition is partly allowed. 3 903-WP-109-22.odt (ii) The impugned judgment and order is quashed and set aside. (iii) Respondent No.2/Scrutiny Committee shall forthwith issue validity certificate of "Mannervarlu", Scheduled Tribe to the petitioner and the same shall be subject to outcome of re- verification by the Scrutiny Committee. (iv) The petitioner shall not claim equities. [ SHAILESH P. BRAHME ] [ S. G. MEHARE ] JUDGE JUDGE rrd