The principle that when family members/biological relations have been granted validity certificates, it would be inappropriate to conclude that they were mistakenly granted or acquired fraudulently.

JUDGMENT

Ravindra V. Ghuge, J. - Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioner has put forth prayer clauses 'A' and 'B' as under:-

"A. By issuing Writ of Certiorari or any other appropriate writ or direction in the like nature, be please to quash and set aside the Judgment and Order dated 10/02/2022, passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Exhibit-A.

B. By issuing Writ of Mandamus or any other appropriate writ or direction in the like nature, be please to direct the respondent No. 3 Scheduled Tribe Certificate Scrutiny Committee, Aurangabad to issue Tribe Validity Certificate in favour of the petitioner as belonging to 'Mannervarlu' Scheduled Tribe, forthwith."

3. The learned AGP has strenuously opposed this petition on the ground that the committee has arrived at a contrary finding and has concluded that the petitioner cannot be granted a validity certificate of belonging to the 'Mannervarlu' Scheduled Tribe category.

4. We have perused the family tree produced by the petitioner alongwith his affidavit tendered before the committee. There are in all 14 validity holders amongst the blood relatives of the petitioner, whose names have been set out in the family tree at page No.127-B. The learned advocate for the petitioner has tendered a chart before us, indicating the14 validity holders and the dates on which the committee granted them the validity certificates. So also, the said chart contains the names of three biological cousin sisters, who have been granted validity certificates, after initially suffering invalidation of their claim, under the orders of this Court. The said chart is taken on record and marked as 'X-1' for identification. For ready reference, the14 validity holders and the dates on which their claim were upheld, as well as the 3 validity holders, their writ petition numbers and the dates of the judgments of this Court, are reproduced hereunder:-

5. Considering the above, we deem it appropriate to rely upon Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee, 2010 (6) Mh.L.J. 401, wherein this Court has concluded that when family members / biological relations have been granted validity certificates, it would be inappropriate, unless there are strong and justifying reasons, to conclude that all those who got their validity certificates, were mistakenly granted or that they had acquired the certificates fraudulently. In the instant case, 14 blood relatives, whose names are reproduced above, have been granted validity certificates in between 2000 to 2011. The 3 validity holders, who succeeded before this Court were granted validity certificates after this Court concluded, in the light of the above mentioned judgments, that they were entitled to a declaration of b