Bombay High Court
Dnyaneshwar Kisanrao Mudale vs The State Of Maharashtra Through Its ... on 12 August, 2025
Author: Manish Pitale
Bench: Manish Pitale
1094-1096.WP.1555.2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1555 OF 2025
Nitin Kisan Mudale & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION NO. 1557 OF 2025
Dnyaneshwar Kisanrao Mudale ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION NO. 1570 OF 2025
Jayshri Ramrao Mudale & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
***
Mr. Vivekanand U Jadhav, for Petitioner in all the petitions.
Ms. Neha B. Kamble, AGP for Respondent - State in WP/1555/2025.
Mr. V. M. Kagne, AGP for Respondent - State in WP/1557/2025.
Mr. S. P. Sonpawale, AGP for Respondent - State in WP/1570/2025.
***
CORAM : MANISH PITALE AND
Y. G. KHOBRAGADE, JJ.
DATE : 12th AUGUST 2025.
P. C. :
1. These petitions were mentioned for being listed out of turn
due to urgency projected on behalf of the petitioners.
1094-1096.WP.1555.2025.doc
2. We find that by common order dated 03 rd February 2025,
passed in these three petitions, while issuing notice to the respondents,
this Court granted interim relief in favour of the petitioners to the
extent that the employment of the petitioners would not be terminated
on the basis of the impugned order invalidating their tribe claims.
Such interim order was granted unconditionally.
3. The real urgency being projected in these petitions is on
behalf of petitioner No.2 in Writ Petition No.1555 of 2025. It is stated
that the said petitioner No.2 is a student and she has taken admission
in an engineering / polytechnic college for which she requires validity
certificate.
4. We find that the impugned order is a common order, which
has considered the tribe claims of eight family members, of whom six
are petitioners before this Court. There is no clarity about the
remaining two family members having challenged the impugned order.
5. The learned counsel for the petitioners submits that this
Court may consider granting conditional validity to petitioner No.2 in
Writ Petition No.1555 of 2025, in the light of the fact that she is a
student and there is grave urgency in the matter. But, we find that
1094-1096.WP.1555.2025.doc
serious issues arise in these petitions, one of which pertains to
petitioner No.3 in Writ Petition No.1570 of 2025. In respect of said
petitioner, in the impugned order, the respondent - Scrutiny
Committee has specifically observed that the tribe / caste certificate of
the said petitioner pertaining to the Scheduled Tribe Mahadev Koli is
itself found to be fabricated and concocted. This is for the reason that
the office / authority that is supposed to have issued the said
certificate has communicated that no such certificate was issued by the
office.
6. The respondent - Scrutiny Committee has also made
observations on the merits of the matter and it is specifically held that
the validity certificates granted to other family members are being
reopened.
7. In such circumstances, we find that dealing with the case of
the petitioner No.2 in Writ Petition No.1555 of 2025, i.e. the student in
a piecemeal manner would not be appropriate, as the impugned order
is a common order.
8. Therefore, we are not inclined to grant any interim relief in
favour of the said petitioner, as it would amount to granting final relief
1094-1096.WP.1555.2025.doc
at interim stage. The petitions need to be heard in detail, with
reference to the original record.
9. Even with regard to the blanket interim order passed in
favour of the other petitioners, who are in employment, we are of the
opinion that appropriate undertakings need to be submitted by the
said petitioners as a condition for continuing the said interim relief in
terms of the observations made by the Hon'ble Supreme Court in the
case of Chairman and Managing Director of Food Corporation of India
and others versus Jagdish Balaram Bahira and others1.
10. In view of the above, list these petitions for further
consideration / hearing on 07th October 2025.
11. The original record pertaining to these petitions be kept
ready for perusal of this Court on the next date of hearing.
12. The interim order dated 03rd February 2025, shall continue
to operate subject to the petitioners filing undertakings on affidavit
within two weeks before this Court that during the pendency of these
petitions, they shall not claim any service benefits such as promotion,
increment, pay fixation etc. in terms of the observations made by the
Hon'ble Supreme Court in the aforesaid judgment.
1 AIR 2017 SC 3271
1094-1096.WP.1555.2025.doc
13. Copies of such undertakings shall be placed by the
petitioners before their respective employers within two weeks from
today and proof thereof shall also be filed in this Court, within the said
period of time.
14. Writ Petition No.1555 of 2025 tag with Writ Petition
Nos.1557 of 2025 and Writ Petition No.1570 of 2025.
(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.)
