1 904-WP-2072-22.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2072 OF 2022 ANJANA SHIVRAM JETEWAD VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr. Sunil M. Vibhute AGP for Respondents No.1 and 2 : Ms. R. R. Tandale 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. 2. The petitioner is assailing the judgment and order of the respondent No.2/Scrutiny Committee, invalidating her tribe claim as “Koli Mahadev” - Scheduled Tribe. 3. By the common judgment and order, the tribe certificates of the petitioner, Yogini d/o. Ramesh Jatewad, Shradha d/o. Dilip Jatewad and Maroti Dilip Jatewad were invalidated by the committee. The co-claimants had approached this Court by independent petitions and secured conditional validities. 4. The learned counsel for the petitioner has tendered common order dated 19.07.2023 passed by the Co-ordinate Bench, in the matters of Yogini d/o. Ramesh Jatewad and Shradha d/o. Dilip Jatewad, Shradha d/o. Dilip Jatewad vs. The State of Maharashtra 2025:BHC-AUG:6364-DB 2 904-WP-2072-22.odt and others, in Writ Petitions No.1703 and 1723 of 2022, dated 19.07.2023 and Maroti Dilip Jatewad vs. State of Maharashtra, Writ Petition No.17.10.2023 (to which Shailesh P. Brahme, J. was the Member). 5. The learned A.G.P. supports the impugned judgment and order. She would submit that the validities are issued by suppressing material facts. The committee has proposed reverification of those validites. 6. In view of this uncontroverted position, we have no hesitation in granting conditional validity to the petitioner. We propose to adopt the same course and reasons as given in the above decision. The petitioner is entitled to conditional validity. The impugned judgment and order is unsustainable. Therefore, we pass the following order: ORDER (i) The writ petition is partly allowed. (ii) The impugned judgment and order is quashed and set aside. (iii) Respondent No.2/Scrutiny Committee shall forthwith issue Tribe Validity Certificate of "Mahadev Koli" 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