1 927-WP.2370-06.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2370 OF 2006 MAHESHKUMAR NATHU THAKUR VERSUS THE STATE OF MAH AND ORS ... Advocate for the Petitioner : Mr. A. S. Golegaonkar. AGP for Respondent/s-State : Mr. S. B. Pulkundwar. … CORAM : S. G. MEHARE, AND SHAILESH P. BRAHME, JJ. DATE : 13.02.2025 PER COURT :- 1. Heard both the sides finally. 2. The petitioner is aggrieved by order dated 31.12.2005 passed by the respondent/Scrutiny Committee invalidating his tribe certificate of Scheduled Tribe “Thakur”. He is relying on the school entry of his father Nathu Mahadu Wankhede of the year 1959 as well as school entry of Grandfather Mahadu Budha Wankhede of 1922. He is also relying on the validity certificates issued to his real brothers Chandrakant and Dinesh by distinct orders. It is submitted that Dinesh was issued with validity certificate by intervention of this Court vide order 2025:BHC-AUG:4352-DB 2 927-WP.2370-06.odt dated 01.02.2024 in Writ Petition No.2374 of 2006. The petitioner is claiming validity on the ground of parity. 3. Learned AGP supports the impugned judgment and order. He would submit that the Scrutiny Committee has rightly discarded the tribe claim. The validities are not reliable. The petitioner failed to prove his case on its own merits. 4. There are two old documents on record to support the petitioner’s claim. His father’s school entry of 1959 and his grandfather’s school entry was of 1922. The school entry of the grandfather carries highest probative value. In view of the judgment of Hon’ble Supreme Court in the matter Anand Vs. Scrutiny Committee, pre constitutional record corroborates petitioner’s claim. 5. Petitioner’s real brother Chandrakant was issued with validity certificate by order of committee. It was reasoned order. Learned counsel has placed on record another judgment and order passed in the matter of his another brother Dinesh on 01.02.2024 by High Court granting him validity. We have no reason to take any contrary view as both the validities were issued after following due procedure of law. The self same 3 927-WP.2370-06.odt record has already been scrutinized and unless the earlier validities are revoked the petitioner cannot be deprived of a social status. We are of the considered view that petitioner is entitled to receive conditional validity. We, therefore, pass the following order : O R D E R (i) Writ Petition is allowed partly. (ii) The impugned judgment and order passed by the Scrutiny Committee stands quashed and set aside. (iii) Respondent No.2/Scrutiny Committee shall issue Validity Certificate of Scheduled Tribe "Thakur" 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, J.) (S. G. MEHARE, J.) … vmk/-