JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioner has put forth the following prayer clauses C, D, E, F and G:-

“C) By issuing appropriate writ, order, direction the order passed by the learned Scheduled Tribe Certificate Scrutiny Committee dated 28.11.2022 (EXHIBIT-M) passed in proceeding no. PBN/EDN/03/2014 may kindly be quashed and set aside.

D) To hold and declare that, the petitioner belong to Koli Mahadeo Scheduled Tribe and also direct Scrutiny Committee i.e. Respondent No. 2 to issue validity certificate in favor of the petitioner by issuing appropriate writ, order, direction as the case may be.

E) Pending hearing and final disposal of the writ petition be pleased to stay the effect operation and implementation of the order dated 28.11.2022 of Respondent No. 2, Scrutiny Committee passed in proceedings no. PBN/EDN/03/2014.

F) Pending hearing and final disposal of the writ petition direct the respondents not to take any coercive action against the petitioner in respect of the order passed by the learned Scheduled Tribe Certificate Scrutiny Committee dated 28.11.2022 passed in proceeding no. PBN/EDN/03/2014.

G) The Respondents may kindly be directed to grant degree certificate for MBBS course completed by the petitioner by imposing nay (sic. “any”) condition.”

3. By the impugned order dated 28.11.2022, the claim of the Petitioner of belonging to the “Koli Mahadev”, Scheduled Tribe category, has been rejected by the concerned Scheduled Tribe Certificate Scrutiny Committee.

4. The Petitioner claims to be belonging to the “Koli Mahadev”, Scheduled Tribe category. His school record indicates such entry on the basis of his father’s (Laxman) entries. On 30.09.2013, he was selected for the MBBS first year course on the basis of his claim of belonging to the Scheduled Tribe category. His father is the only person in the family, who has received a validity certificate. No other member of the family from the paternal side has received a validity certificate.

5. We have considered the extensive submissions of the Learned Senior Advocate on behalf of the Petitioner and the learned AGP on behalf of the Respondents. We have perused the original record which was also made available for the Petitioner’s perusal. We have also taken on record the photostat colour copy of the disputed entries of the two persons in the family, namely, Laxman s/o Shankar (grand father of the Petitioner) and Ram s/o Shankar, his biological brother. The whole case before us revolves around these 2 seriously manipulated entries of these 2 ancestors. To avoid repetition, we are not reproducing their submissions separately.

DETAILS AS REGARDS THE PETITIONER’S FATHER

6. Laxman Shankarrao Paratwad (now deceased) is the father of the Petitioner. He received a tribe certificate on 23.08.1982. He relied upon the validity certificate of the son of his real aunt (Aattya in Marathi and Buwa in Hindi), for seeking a validity certificate. The order of the Committee dated 08.02.2011, granting him the validity certificate, is a cyclostyled order and the blank spaces have been filled in, by handwriting. There are several blank spaces which are left blank in the said order thereby, indicating that the order had been kept ready in a cyclostyled form and issued mechanically, just by filling in the blanks.

7. The Petitioner’s father has passed away and, therefore, it is the contention of the Petitioner that his father’s case cannot be reopened for fresh scrutiny. It is