66 Wp-8796-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8796 OF 2023 Dadaso Maruti Magdum. ...Petitioner. Versus The State of Maharashtra and Others. ...Respondents. —————— Mr. Ramdas Shelake, Vaishnavi Shelake, Swapnil Lokare and Nikhil Dharmadhikari for the Petitioner. Mr. S. B. Kalel, AGP for the Respondent-State. —————— Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : December 1, 2025. Oral Order [Per M. S. Karnik, J.]: 1. Heard learned Counsel for the Petitioner and learned AGP for the Respondent-State. 2. Mr. Kalel, learned AGP argued in support of impugned order. Our attention is invited to the indings recorded by the District Caste Scrutiny Committee to contend that having regard to the well reasoned indings, there is no reason to interfere with the impugned order. 3. However, we notice that in respect of the real brother of Petitioner, namely, Magdum Shrikrushna Maruti, certiicate of caste validity as belonging to “Mali” – Other Backward Class has already been Patil-SR 1 of 3 66 Wp-8796-2023.doc granted. It is submitted that inadvertently, the certiicate of validity of real brother of Petitioner could not be submitted before the Caste Scrutiny Committee at the time of consideration of caste claim of Petitioner. Learned Counsel for the Petitioner submitted that the Petitioners are illiterate and as such there is some lapse on the part of Petitioner in submitting such certiicate of real brother when the caste validity claim of the Petitioner was decided. 4. We ind that there is no dispute about the Petitioner’s real brother having received certiicate of caste validity as belonging to “Mali” Other Backward Class. Had the certiicate dated 4th February 2005 granted to the real brother of Petitioner been produced before the Caste Scrutiny Committee, the Petitioner would have received the certiicate of validity in view of the law laid down by this Court in Apoorva Vinay Nichale v. Divisional Caste Certiicate Scrutiny Committee1. 5. In such circumstances, as no beneit was to be derived by Petitioner by not producing the certiicate of caste validity granted in favour of the brother of Petitioner, we are inclined to allow the petition following the decision of this Court in Apoorva Vinay Nichale v. Divisional Caste Certiicate Scrutiny Committee (supra). The 1 2010(6) Mh.L.J. 401. Patil-SR 2 of 3 66 Wp-8796-2023.doc Petitioner is admittedly the close blood relative of Magdum Shrikrushna Maruti, being the real brother. Impugned order is, therefore, quashed and set aside. The caste scrutiny committee is directed to issue certiicate of caste validity in favour of the Petitioner as belonging to “Mali” Other Backward Class expeditiously and in any case within six weeks from the date of communication of this order. 6. It is made clear that this order is being passed on the basis of caste validity certiicate issued to the brother of Petitioner and should the Scrutiny Committee have any doubt about the genuineness of the caste validity certiicate of real brother of Petitioner, it is open for the caste scrutiny committee to take appropriate action in accordance with law. 7. Writ Petition stands disposed of. [Ajit B. Kadethankar, J.] [M. S. Karnik, J.] Patil-SR 3 of 3