Suresh Balaji Gattuwar And Others vs The State Of Maharashtra Through Its ...
2025 Latest Caselaw 1419 Bom

Citation : 2025 Latest Caselaw 1419 Bom
Judgement Date : 4 August, 2025

Bombay High Court

Suresh Balaji Gattuwar And Others vs The State Of Maharashtra Through Its ... on 4 August, 2025

Author: Manish Pitale

Bench: Manish Pitale

2025:BHC-AUG:20839-DB


                                                                  WP-3924-2025.odt




                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 3924 OF 2025

                 1.     Suresh Balaji Gattuwar
                        Age: 33, Occupation: Student,

                 2.     Rajesh Balaji Gattuwar
                        Age: 27, Occupation: Student,

                 3.     Dinesh Balaji Gattuwar,
                        Age: 31, Occupation: Student,

                 4.     Gangadhar Dhamanna Gattuwar,
                        Age: 51 Occupation: Service

                        All above R/o. Nara Galli,
                        Kundalwadi, Taluka Biloli,
                        District Nanded                     ... PETITIONERS

                             VERSUS

                 1.     The State of Maharashtra,
                        Through its Secretary,
                        Tribal Development Department,
                        Mantralaya, Mumbai

                 2.     The Scheduled Tribe Certificate
                        Scrutiny Committee,
                        Kinwat Division, Aurangabad,
                        Through its Member Secretary

                 3.     The Chief Executive Officer,
                        Zilla Parishad, ZP Ground,
                        Station Road, Nanded - 431 603    ... RESPONDENTS



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                                 ....
Mr. Sainath G. Jayewar, Advocate for the Petitioners
Mr. R. K. Ingole, AGP for Respondent Nos. 1 and 2
Ms Yogita Thorat, Advocate for Respondent No.3
                                 ....

                     CORAM : MANISH PITALE AND
                             Y. G. KHOBRAGADE, JJ.

                      DATE : 04.08.2025
ORDER (Per: Y. G. Khobragade, J.) :

1. Heard both the sides. With consent of both the sides, the

matter is heard finally at the stage of admission.

2. The Petitioners are challenging the judgment and order

dated 10.03.2025, passed by Respondent No.2 Scrutiny Committee,

confiscating and invalidating their tribe certificate of "Mannervarlu"

Scheduled Tribe.

3. As per the genealogical tree, the following paternal blood

relatives of the Petitioners, are granted "Mannervarlu" Scheduled

Tribe validity certificates by Respondent No.2 Scrutiny Committee, as

well as this Court, as under:-

Sr.    Name                              Issued on      Issued by
No.
1.     Gattuwar Krishna Vankanna        20.01.2005 Committee
2.     Gattuwar Rajesh Narsimaloo       05.04.2006 Committee


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3.    Gattuwar Suresh Vyankatti        03.07.2006 Committee

4. Gattuwar Narendra Damanna 20.01.2007 Committee

5. Gattuwar Shailendra 25.07.2007 Committee Vyankatrao

6. Gattuwar Balaji Damanna 06.11.2007 Committee

7. Gattuwar Rajesh Vyankatti 15.09.2008 Committee

8. Gattuwar Nagesh Damanna 30.03.2010 Committee

9. Gattuwar Mahesh Damanna 18.12.2023 High Court Writ Petition

(Conditional)

10. Gattuwar Rajesh Yashda 15.07.2024 High Court Writ Petition

(Conditional)

4. The genealogical tree is not disputed by Respondent No.2

Scrutiny Committee.

5. Taking into consideration the law laid down in the cases

of Mah. Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of

Maharashtra & Ors.; AIR 2023 SC 1657, Shweta Balaji Isankar Vs.

State of Maharashtra & Ors., 2018 SCC Online Bom. 10341, Apoorva

Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee

No.1 and Ors., 2010(6) Mh.L.J. 401, wherein it has been concluded

that when the biological father, biological siblings, biological uncle

etc., are granted validity certificates, a candidate so related to them,

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cannot be deprived of a validity certificate. The present Petitioners

are entitled to have a certificate of validity.

6. Since the paternal blood relatives of the Petitioners are

having "Mannervarlu" Scheduled Tribe certificates granted by

Respondent No.1 itself as well as this Court, subject to outcome of

reverification, which have been proposed to be re-opened by

Respondent No.2 Scrutiny Committee, therefore, considering parity,

the Petitioners are also entitled to have conditional "Mannervarlu"

Scheduled Tribe validity certificates subject to final outcome of the

matters which the Respondent No.2 Scrutiny Committee has decided

to re-open.

7. In view of the above discussion, the present Writ Petition

deserves to be allowed and the impugned order dated 10.03.2025,

needs to be quashed and set aside. Accordingly, we proceed to pass

the following order:-

ORDER

(i) The Writ Petition is partly allowed.

(ii) The impugned order dated 10.03.2025, passed by Respondent No.2 Scrutiny Committee, is hereby quashed and set aside.

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(iii) Respondent No.2 Scrutiny Committee shall issue "Mannervarlu" Scheduled Tribe validity certificates in favour of the Petitioners within a period of four weeks, which shall be subject to following conditions:-

(a) The caste validity certificate shall be subject to the outcome of the re-verification of the validity certificates of blood relatives of the Petitioners, which the Respondent No.2 Scrutiny Committee may propose to re-open.