2024:BHC-AS:46016-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NIKITA CIVIL APPELLATE JURISDICTION KAILAS DARADE DNDD14i AaIgK :tR 1i eIt 5A:Ta :D2lA 40y E 0K 2 s +A 4ig .I 01Ln 51Ae 3.dS 30 0by WRIT PETITION NO.15136 OF 2023 WITH WRIT PETITION NO.7137 OF 2024 WITH WRIT PETITION(ST.) NO.32980 OF 2023 DATE OF DECISION : 26th NOVEMBER, 2024 For approval and signature of THE HON'BLE SHRI RAVINDRA V. GHUGE, J.

AND THE HON’BLE SHRI ASHWIN D. BHOBE, J.

1. Whether Reporters of local papers may be )

allowed to see the judgment ? )

2. To be referred to the Reporter or not ? ) 3. Whether Their Lordships wish to see the fair )

copy of the judgment ? )

4. Whether this case involves a substantial )

question of law as to the interpretation of ) the Constitution of India, 1950, or any ) Order made thereunder ? )

5. Whether it is to be circulated to the Civil )

Judges ? )

6. Whether the case involves an important )

question of law and whether a copy of the ) judgment should be sent to Nagpur, Aurangabad ) and Goa Offices? )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION (Sr.No.907) WRIT PETITION NO.15136 OF 2023 Suyesha Arun Vaswade aged 23 years, residing at Dattawad, Tal. Shirol, Dist. Kolhapur …..Petitioner Vs.

1. State of Maharashtra through its Secretary, Tribal Development Department Mantralaya, Mumbai-400032.

2. Sub-divisional Officer and Competent Authority, Inchalkaranji, Having its office at Ichalkaranji Division, Dist. Kolhapur.

3. Scheduled Tribe Certificate Scrutiny Committee, Pune through its Member Secretary, having its office at 5^th floor, Kapil Towers, Opp. RTO office, Pune, Dist. Pune. ….Respondents WITH (Sr.No.908) WRIT PETITION NO.7137 OF 2024 Anisha Arun Vaswade aged 19 years, residing at Dattawad, Tal. Shirol, Dist. Kolhapur …. Petitioner Vs.

1. State of Maharashtra through its Secretary, Tribal Development Department Mantralaya, Mumbai-400032.

2. Scheduled Tribe Certificate Scrutiny Committee, Pune through its Member Secretary, having its office at 5^th floor, Kapil Towers, Opp. RTO office, Pune, Dist. Pune.

3. Sub-divisional Officer and Competent Authority, Inchalkaranji, Having its office at Ichalkaranji Division, Dist. Kolhapur.

WITH (Sr. No.915) WRIT PETITION(ST.) NO.32980 OF 2023 Ayush Arun Vaswade aged 19 years, residing at Dattawad, Tal. Shirol, Dist. Kolhapur. …..Petitioner Vs.

1. State of Maharashtra through its Secretary, Tribal Development Department Mantralaya, Mumbai-400032.

2. Scheduled Tribe Certificate Scrutiny Committee, Pune through its Member Secretary, having its office at 5^th floor, Kapil Towers, Opp. RTO office, Pune, Dist. Pune.

3. Sub-divisional Officer and Competent Authority, Inchalkaranji, Having its office at Ichalkaranji Division, Dist. Kolhapur. Mr. Chintamani K. Bhangoji for the Petitioner.

Mr. Akshay Shinde, ‘B’ PNL for the State in WP/15136/2023.

Mr. Jay Sanklecha, ‘B’ PNL for the State in WP/7137/2024.

Mrs. M. S. Srivastava AGP for the State/Respondent Nos. 1 to 3 in WP(st)/32980/2023.

CORAM : RAVINDRA V. GHUGE &

ASHWIN D. BHOBE, JJ.

DATE : 26th NOVEMBER, 2024 Oral Judgment ( Per Ravindra V Ghuge, J)

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

2. These three cases are yet some more examples of the biological father having a Koli Mahadev Schedule Tribe Certificate and yet these three Petitioners, who are siblings, are refused the certificates, not only by the SDO, but, even by the three members committee.

3. These three siblings are the biological children of Arun Baburao Vasawade. Arun has two biological brothers namely, Kumar Baburao and Appaso Baburao. They also have the Koli Mahadev Tribe Certificate. Respondent No.2 SDO Ichalkaranji, by the impugned orders, has refused to grant the Tribe Certificate for the reason that one entry in the birth/death register of 1927 with regard to Appa Mayappa Vasawade, indicates only ‘Koli’. Some entries which are recent in time, carry ‘Hindu Mahadev Koli’ entry.

4. The learned AGP has vehemently opposed these thr