Nidhi Sanjay Gore And Others vs The State Of Maharashtra Through ...
2023 Latest Caselaw 10983 Bom

                                     1                       22WP13296.2023.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD.

                          22 WRIT PETITION NO.13296 OF 2023

                     NIDHI SANJAY GORE AND OTHERS
                                    VERSUS
        THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                   OTHERS
                                        ...
       Advocate for Petitioners : Mr. S.M. Kulkarni h/f Mr. O. B. Boinwad
                      AGP for Respondents: S. G. Sangle
                Advocate for respondent no. 3 : Mr. J. R. Patil
                                        ...

                                      CORAM :    MANGESH S. PATIL
                                                     AND
                                                 NEERAJ P. DHOTE, JJ.

                                      DATED :    23rd OCTOBER 2023

PER COURT : -

.                   Leave granted to delete respondent no. 4.



2.                  Heard. The petitioners are challenging the common order

passed by the Scrutiny Committee on 14.09.2023, thereby confiscating

and cancelling tribe certificates of the petitioners of 'Koli Mahadev'

Scheduled Tribe.



3.                  In fact, the impugned order was a common order in

respect of the petitioners and one Tanishq Nitin Gore. By our order

dated 20.10.2023 in the matter of Tanishq Nitin Gore and others

versus The State of Maharashtra through its Secretary and others

in Writ Petition No. 13144 of 2023, we have quashed and set aside the

impugned order qua him for the reasons mentioned therin.



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                                  2                         22WP13296.2023.odt

4.              Since it is a common order passed in respect of six

individuals, the pettioners being three of them and it has been

subjected to the scrutiny of this Court in the matter of Tanishq Nitin

Gore, the propriety demands that for the self-same reasons, we quash

and set aside the impugned order even to the extent of present

petitioners.

                                     ORDER

A. The writ petition is partly allowed.

B. The impugned judgment and order dated 14.09.2023 passed by the respondent No. 2/Committee to the extent of the petitioner is quashed and set aside.

C. The respondent No. 2/Scrutiny Committee shall issue caste validity certificate to the petitioner as belonging to 'Koli Mahadev' (Scheduled Tribe) immediately in prescribed format without incorporating any condition.

D. The validity certificate shall be subject to the outcome of the reverification of the validity certificates undertaken by the committee.

E. The petitioner shall not claim any equity.

F. The writ petition is disposed of.

     [NEERAJ P. DHOTE]                          [MANGESH S. PATIL]
          JUDGE                                     JUDGE



SG Punde