IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.40 OF 2025

1. Kinjal Vilas Bastav, Age: 18 Years, Occu: Student, 2. Manav Mukesh Bastav, Age : 17 years, Minor Through father and natural Guardian Shri Mukesh Bastav

3. Aayush Prashant Bastav Aged: 25 years All residing at B/8, Mulund Sagar Prasad CHS Ltd., Gavanpada Village Road, Mulund East, Mumbai: 400081 ….Petitioners versus

1. State of Maharashtra Through its Secretary, Tribal;

Development Department, Mantralaya, Mumbai 400032.

2. Scheduled Tribe Certificate Scrutiny Committee Konkan Division, Thane, Through its Member Secretary, Having its office at 6^th floor, MTNL Bldg., Charai, Thane (West)

District Thane

3. Commissioner and Competent Authority, State Common Entrance Cell, Maharashtra having its office At New Excelsior Bldg. 8^th floor, A.K. Nayak Marg, Fort, Mumbai-1.

4. Saraswati Education Society’s Yadavrao Tasgaonkar Institute of Pharmacy (Degree) having its office At Chandhai, Bhivpuri Road Station Tal. Karjat, District Raigad. ….Respondents Mr. R.K. Mendadkar, for the Petitioners.

Mr. Vikas M. Mali, AGP for the Respondent No.3 – CET Cell.

Ms. Pooja Joshi Deshpande, AGP for the Respondent No.2.

Mr. Dinkar J. Pawara, Joint Commissioner & Vice Chairman, CVC Thane.

Mr. Dipak T. Shigam, Law Officer, CVC Thane. Mr. Vaibhav P. Rajam, Law Officer, CVC Thane.

CORAM : BHARATI DANGRE &

ASHWIN D. BHOBE, JJ.

RESERVED ON : 13th JANUARY, 2025 PRONOUNCED ON : 26th FEBRUARY, 2025 ORAL JUDGMENT (PER ASHWIN D. BHOBE, J.) :-

1. Rule. By consent of the respective counsels representing the parties, Rule is made returnable forthwith. Petition is taken up for final hearing.

2. Respondent No.2, by its Common Order dated 23.10.2024 has invalidated the claim of the Petitioners as belonging to ‘Koli Mahadev’ Scheduled Tribe Category (“Impugned Order”). 3. Factual Matrix:

(a) This is a composite petition, at the instance of the following Petitioners viz.:

(i) Kinjal Bastav- Daughter of Vilas Bastav;

(ii) Manav Bastav- Son of Mukesh Bastav; and (iii) Aayush Bastav- Son of Prashant Bastav.

Petitioner No.1 is the first cousin sister of Petitioner Nos.2 and 3. Similarly, Petitioner Nos.2 and 3 are the first cousin brothers of Petitioner No.1.

(b) Tribe claim of Ms. Yaminee Pandurang Bastav, i.e.

paternal real Aunt of the Petitioners as belonging to Mahadeo Koli was the subject matter of Writ Petition No. 1434 of 1994. By order dated 24.03.1994, this Court declared Yaminee Pandurang Bastav as belonging to Scheduled Tribe Mahadeo Koli.

(c) Tribe claim of Mr. Yatin Nilkanth Bastav, the paternal cousin uncle of the Petitioners, as belonging to Mahadev Koli was subject matter of Writ Petition No.8033 of 2004. By order dated 04.10.2013, this Court relying on the Caste Validity Certificate granted to Yaminee Pandurang Bastav, directed the Respondent No.2 to consider the tribe claim of Yatin Nilkanth Bastav. Respondent No.2 on consideration of the tribe claim of Yatin Nilkanth Bastav issued Caste Validity Certificate as belonging to Koli Mahadev.

(d) Tribe claim of Pramod Govind Bastav, i.e, paternal cousin grandfather of the Petitioners as belonging to Mahadev Koli was subject matter of Writ Petition No.2925 of 2013. By order dated 04.10.2013, this Court directed the Respondent No.2 to consider the tribe claim of Pramod Govind Bastav. Respondent No.2 on consideration of the tribe claim of Pramod Govind Bastav, issued Caste Validity Certificate as belonging to Mahadev Koli.

(e) Special Leave Petition (Diary) No.21767 of 2017 filed against the order dated 04.10.2013 passed in Writ Petition No.8033 of 2004 and Writ Petition No.2925 of 2013 was dismissed by the Hon’ble Supreme Court on

18.09.2017.

(f) Tribe claims of the father of Petitioner No.1 and father of Petitioner No.2 upon being invalidated by the Respondent No.2, was questioned before this Court in Writ Petition No.3134 of 2009.

This Court relying on the Caste Validity Certificate issued to Yaminee Bastav, Yatin Bastav and Pramod Bastav, th