Bombay High Court
Amol Maroti Konkatwar vs State Of Maharashtra Through Its ... on 27 June, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AUG:16948-DB
906 WP NO.1455.2025 JUDG
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1455 OF 2025
Amol S/o Maruti Konkatwar,
Age : 30 years, Occu : Service,
R/o : Bhaktapur, Tq. Degloor,
Dist. Nanded
.... Petitioner
Versus
1 The State of Maharashtra
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai
2 Scheduled Tribe Caste Certificate Verification
Committee, Kinwat Head Quarter,
Chhatrapati Sambhajinagar,
Through its Member Secretary
3 The Collector,
Jalna District, Jalna.
4. The Tahsildar
Ambad, Tq. Ambad, Dist. Jalna
.... Respondents
...
Advocate for the Petitioner : Mr. P. B. Gapat
AGP for Respondents-State : Mr. V. M. Kagne
...
CORAM : RAVINDRA V. GHUGE AND
Y. G. KHOBRAGADE, JJ.
Dated : June 27, 2025
906 WP NO.1455.2025 JUDG
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ORAL JUDGMENT :-
1. Rule. Rule made returnable forthwith and heard finally with
the consent of the parties.
2. The Petitioner is in service with Respondent No. 4. He
secured employment on a post which was reserved for the
'Mannervarlu" Scheduled Tribe. He claims to be belonging to the said
community. Having obtained a job on the claim of belonging to the
reserved category, he moved for validation and by the impugned order
dated 22.01.2025, the claim has been invalidated.
3. This Court has delivered an order on 24.02.2025 in Writ
Petition Nos. 12300 of 2024, 12313 of 2024 and 12315 of 2024. These
Petitioners namely Girish Gangadhar Konkatwar, Gayatri Gangadhar
Konkatwar and Amit Maroti Konkatwar, have been conditionally
granted Validity Certificates in view of Shweta Balaji Isankar vs. State
of Maharashtra [(2018) SCC OnLine Bom 10363].
4. Amit Maroti is the biological younger brother of the present
Petitioner Amol Maroti. Girish Gangadhar and Gayatri Gangadhar are
siblings, who are the children of Gangadhar. The present Petitioner's and
Amit's father, is Maruti who is the biological brother of Gangadhar.
Ramlu had two sons namely Maruti and Pandhari and four daughters
namely Laxmi, Anjanbai, Gangamani and Sushila. Now Girish and
Gayatri and Amit have also been granted the Validity Certificate. There
are several other Validity Holders from the clan originating from Ballyya
/ Balanna Konkatwar. For clarity, Balayya had two sons namely
Yellappa and Iranna. All the above mentioned candidates are from the
branch of Yellappa. Even from the branch of Iranna, there are several
Validity Holders. This entire family relationship is visible from page 63
in the Petition Paper-book.
5. The learned AGP had sought an overnight passover
yesterday to take instructions as regards the relationship. On instructions,
he submits that the relationship of these persons with Amol Maroti
Konkatwar, are undisputed.
6. Since this Court has applied the law laid down in Shweta
Balaji Isankar (supra), in the case of Girish, Gayatri and Amit (supra),
this Petition is partly allowed. The impugned order dated 22.01.2025
stands quashed and set aside. The Petitioner would be granted a
conditional Validity Certificate within 30 days from today. The
Respondent - Employer would refrain from initiating any action against
the present Petitioner. Needless to state, the law laid down in Shweta
Balaji Isankar (supra), would be squarely applicable to the present
Petitioner if any of the Validity Holders referred to here-in-above,
suffers invalidation after reopening of the case.
7. Rule is made party absolute in the above terms.
(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)
Omkar Joshi
