Vidya Shivnath Sable vs The State Of Maharashtra And Others
2025 Latest Caselaw 50 Bom

Bombay High Court

Vidya Shivnath Sable vs The State Of Maharashtra And Others on 1 April, 2025

Author: R. G. Avachat

Bench: R. G. Avachat

2025:BHC-AUG:10121-DB
                                                      (1)
                                                                101- W.P. No. 3656-2020.odt
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   WRIT PETITION NO. 3656 OF 2020

                        Vidya D/o Shivnath Sable,
                        Age : 30 Years, Occ. Service,
                        R/o. Bhagur, Tq. Shevgaon,
                        District Ahmednagar.                        .. Petitioner

                                VERSUS

                1.      The State of Maharashtra,
                        Through its Secretary,
                        Medical Education and Drugs Department,
                        Mantralaya, Mumbai.

                2.      The Scheduled Tribe Caste Certificate
                        Verification Committee Nashik,
                        Through its Dy. Director (R),
                        Nashik.

                3.      The Chief Executive Officer,
                        Zilla Parishad Raigad at Alibaug
                        Dist. Raigad

                4.      The Education Officer ( Primary),
                        Zilla Parishad Raigad at Alibaug
                        Dist. Raigad                                 .. Respondents

                                          ....
                Advocate for the Petitioner : Mr. Deepak Choudhari h/f Mr. S.M.
                Vibhute
                AGP for Respondent/State : Mr. A. S. Shinde
                                           ....

                                    CORAM :       R. G. AVACHAT AND
                                                  SANDIPUKUMAR C. MORE, JJ.

                                    DATED :       APRIL 01, 2025

                JUDGMENT ( PER R. G. AVACHAT, J):

-

1. Heard both the sides.

2. Rule. Rule made returnable forthwith and heard finally by

101- W.P. No. 3656-2020.odt consent of parties.

3. The petitioner's Tribe claim has been turned down by

respondent No.2-The Scheduled Tribe Caste Certificate Scrutiny

Committee, Nashik vide order dated 02.01.2020.

4. The petitioner relied on validity certificate granted to seven of

her blood relations. The petitioner's cousins Pawan Subhash Sable

and Rohini Prabhakar Sable had filed two separate Writ petitions Nos.

3109 of 2023 with W. P. No. 4415/2023 challenging the orders of the

Scrutiny Committee refusing to grant them validity certificates.

5. This Court vide order dated 3rd March 2025 disposed of those

writ Petitions.

6. Learned Advocates are ad-idem to pass the orders similar to that

passed in those two Writ Petitions.

7. In view of the same, Writ Petition stands allowed in terms of the

following order :-

ORDER

(i) The Writ Petition is partly allowed.

(ii) The impugned order dated 02.01.2020 passed by respondent

No.2 Scrutiny Committee is quashed and set aside.

(iii) Respondent No.2 Scrutiny Committee is directed to immediately

issue validity certificates of 'Koli Mahadev ' Scheduled Tribe,

101- W.P. No. 3656-2020.odt in favour of the petitioner.

(iv) The validity certificate to be issued to the petitioner, shall

be subject to the final outcome of the matters of validity

holders, which the Scrutiny Committee has decided to

reopen.

(v) The petitioner shall not be entitled to claim equities.

(vi) No order as to costs.

8. Rule is made absolute in the above terms.

  (SANDIPKUMAR C. MORE)                                 (R. G. AVACHAT )
       JUDGE                                                 JUDGE



Y.S. Kulkarni