Allowed¶21

Alka Narsing Meghmale v. the State of Maharashtra through Its Secretary and Another

Bombay HC9 Jan 2025WP/317/2025

Case brief

AI extract

What is this about?

Koli Mahadev scheduled tribe; tribe certificate validation; caste validity certificate; Scrutiny Committee for Scheduled Tribes Kinwat; Tribal Development Department Maharashtra; common order quashed and set aside; Bombay High Court Aurangabad Bench; Writ Petition No. 317 of 2025; Harshvardhan Maheshkumar Meghmale; Gajanan Narsing Meghmale; Vaishali Vaijnath Meghmale; Mahesh Vaijnath Meghmale; review petitions; certificate of validity.

What did the court decide?

Impugned common order quashed and set aside to the extent of the petitioner; Scrutiny Committee directed to immediately issue certificate of validity of 'Koli Mahadev' Scheduled Tribe to the petitioner, subject to the final outcome of the review petitions to be filed in the matters of Vaishali Vaijnath Meghmale and Mahesh Vaijnath Meghmale. ¶21

Alka Narsing Meghmale Vs the State of Maharashtra through Its Secretary and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the common order of the Scrutiny Committee refusing to validate the petitioner's 'Koli Mahadev' Scheduled Tribe certificate should be quashed and set aside, consistently with the earlier decisions of this Court in the connected writ petitions under the same common order.

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Court's answer

Since the impugned order is common and has already been quashed and set aside in the other petitioners' matters, no different view is possible to be taken by this bench only in the matter of this petitioner.

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Ratio / Principle

For the reasons recorded in the matters of the other individuals under the same common judgment and order, the impugned order is quashed and set aside to the extent of the petitioner.

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Key takeaways

The Committee shall immediately issue a certificate of validity to the petitioner of 'Koli Mahadev' Scheduled Tribe.ratio¶21
The validity certificate issued to the petitioner shall be subject to the final outcome of the review petitions to be filed in the matters of Vaishali Vaijnath Meghmale and Mahesh Vaijnath Meghmale.ratio¶21

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Bench at Aurangabad (DB: Mangesh S. Patil & Prafulla S. Khubalkar, JJ.), 09.01.2025, Writ Petition No. 317 of 2025 — The common order of the Scrutiny Committee for Scheduled Tribes, Kinwat, refusing to validate petitioner Alka d/o Narsing Meghmale's 'Koli Mahadev' Scheduled Tribe certificate was quashed and set aside to the extent of the petitioner. Holding that, being a common order already quashed in respect of other petitioners (Writ Petition No. 10001/2023, Harshvardhan Maheshkumar Meghmale, decided 08.08.2024; Writ Petition No. 10810/2022, Gajanan Narsing Meghmale, and three other connected writ petitions, decided 25.11.2024), no different view was possible, the Court followed the reasons recorded in those matters. The Committee was directed to immediately issue the validity certificate, subject to the final outcome of the review petitions to be filed in the matters of Vaishali Vaijnath Meghmale and Mahesh Vaijnath Meghmale.

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2025:BHC-AUG:739-DB

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953 WP 250 OF 2025.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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953 WRIT PETITION NO. 317 OF 2025

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Alka d/o Narsing Meghmale

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… Petitioner

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VERSUS

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1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

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1. Scrutiny Committee for Scheduled Tribes, Kinwat, Having its office at Aurangabad, Through its Vice-Chairman.

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… Respondents

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Advocate for the Petitioner : Mr. Boinwad Omgashad B. AGP for Respondents : Mrs. S.S. Joshi

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CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ. DATE : 09.01.2025

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PER COURT :

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The petitioner is challenging the common order whereby respondentscrutiny committee refused to validate her ‘Koli Mahadev’ scheduled tribe certificate.

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We have heard both the sides.

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Admittedly, in Writ Petition No. 10001/2023, in the matter of Harshvardhan Maheshkumar Meghmale Vs. The State of Maharashtra and another, decided on 08.08.2024, and in the matter of Gajanan Narsing Meghmale Vs. The State of Maharashtra and others in Writ Petition No. 10810/2022, and three other connected writ petitions, decided on

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1/2

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953 WP 250 OF 2025.odt

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25.11.2024, the impugned order has been quashed and set aside to the extent of the respective petitioners.

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Being a common order, no different view is possible to be taken by this bench only in the matter of the petitioner.

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For the reasons, as have been recorded in the matters of the other individuals under the same common judgment and order, even the impugned order to the extent of the petitioner is also quashed and set aside. The committee shall immediately issue certificate of validity to the petitioner of ‘Koli Mahadev’ scheduled tribe. It shall be subject to the final outcome of the review petitions to be filed in the matters of Vaishali Vaijnath Meghmale and Mahesh Vaijnath Meghmale.

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( PRAFULLA S. KHUBALKAR J.) (MANGESH S. PATIL, J.)

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mkd/-

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Alka Narsing Meghmale v. the State of Maharashtra through Its Secretary and Another

Case brief

What is this about?

What did the court decide?

Alka Narsing Meghmale v. the State of Maharashtra through Its Secretary and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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