Bombay High Court

SHUBHAM SHANKAR WARKAD THR FATHER POWER OF ATTORNEY HOLDER SHANKAR MAHAJAN WARKAD AND ANOTHERversusTHE SATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The Court set aside the Scrutiny Committee’s order and directed issuance of conditional validity certificates to the petitioners, subject to the outcome of any cancellation proceedings.

Summary

The petitioners, three brothers, challenged the Scrutiny Committee’s order dated 19‑12‑2025 that invalidated their claim to belong to the Mannervarlu Scheduled Tribe. They relied on a prior judgment granting conditional validity of a tribe certificate to their sister, Shweta, in Writ Petition No. 7475 of 2018. The State’s counsel did not dispute the sister’s conditional validity or the familial relationship. The Court, noting the earlier conditional validity granted to a blood relative, partially allowed the petition, set aside the Committee’s order, and directed the issuance of validity certificates to the petitioners, subject to any pending cancellation proceedings, while prohibiting them from claiming any equities. The order thus restores the petitioners’ tribal status on a conditional basis.

Issues considered

Whether the petitioners are entitled to conditional validity of a Scheduled Tribe certificate based on the earlier conditional validity granted to their sister.
Whether the Scrutiny Committee’s order invalidating the petitioners’ tribe claim can be set aside.
Scope and effect of a conditional validity certificate issued to the petitioners.

Subjects

Scheduled Tribe certificate
conditional validity
tribal development
writ petition
validity certificate
Scrutiny Committee
Mannervarlu

Judgment

2026:BHC-AUG:20610-DB
                                                  (1)
                                                                 975 W. P. 2513-2026.odt
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               WRIT PETITION NO. 2513 OF 2026


                1.      Shubham S/o Shankar Warkad,
                        Age : 29 Years. Occ. Education,
                        R/o. Telangwadi, Tq. Kandhar,
                        Through, Father/Power of Attorney Holder,
                        Shankar S/o Mahajan Warkad,
                        Age : 53 Years, Occ. Service,
                        R/o. As above.

                2.      Shivam S/o Baliram Warkad,
                        Age : 20 Years, Occ. Education,
                        R/o. Telangwadi Tq. Kandhar,
                        Dist. Nanded.

                3.      Sangam S/o Baliram Warkad,
                        Age : 23 Years, Occ. Nil,
                        R/o. Telangwadi Tq. Kandhar,
                        Dist. Nanded.                            ..PETITIONERS

                             VERSUS

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

                2.      The Scheduled Tribe Certificate,
                        Verification Committee Kinwat,
                        Headquarter at Chh.Sambhajinagar,
                        Through its Dy. Director (R),
                        Dist. Ch. Sambhajinagar                  ..RESPONDENTS

                                                ….
                        Advocate for the petitioners : Mr. Sunil M. Vibhute
                        AGP for Respondent Nos. 1 and 2 : Mr. P. S. Patil
                                                ….

                                   CORAM :      SANDIPKUMAR C. MORE AND
                                                ABASAHEB D. SHINDE, JJ.

                                   DATED :      APRIL 30, 2026
                                   (2)
                                                    975 W. P. 2513-2026.odt


ORAL ORDER (PER ABASAHEB D. SHINDE, J):-

1.    Heard.



2.    By this Writ Petition, the petitioner takes an exception to the

common judgment and order dated 19.12.2025, by which the

respondent/ Scrutiny Committee has invalidated the tribe claim of the

petitioners, of belonging to “Mannervarlu” Scheduled Tribe.



3.    The learned counsel for the petitioners, by inviting our attention

to the genealogy, submits that Shweta D/o Shankar Warkad is real

sister of the petitioner No.1.      Her tribe claim was invalidated,

therefore, she had approached this Court by filing Writ Petition

No.7475 of 2018 and this Court, after considering the selfsame record,

granted conditional validity by an order dated 23.07.2018.             He

therefore, submits that, the petitioners also deserve to be granted

conditional validity.



4.    The learned A.G.P. does not dispute the fact regarding granting

of validity certificate by this Court to the real sister of the petitioner

No.1 nor he has disputed the relationship of the petitioners with the

said validity holder namely Shweta (supra).



5.    In that view of the matter, we find, since this Court has granted

a conditional validity to the blood relative of the petitioners, we are
                                   (3)
                                                       975 W. P. 2513-2026.odt
inclined to grant conditional validity to the petitioners. We, therefore,

pass the following order.

                            ORDER

I.     The Writ Petition is partly allowed.

II.    The impugned order dated 19.12.2025 passed by respondent/

       Scrutiny Committee is hereby set aside.

III.   The respondent/Scrutiny Committee is directed to issue validity

       certificates to the petitioners of belonging to “ Mannervarlu”

       Scheduled Tribe, which shall be subject to outcome of the

       proceedings for cancellation of validity issued in favour of their

       blood relatives.

IV.    The petitioners shall not claim any equities.




 (ABASAHEB D. SHINDE)                    (SANDIPKUMAR C. MORE)
       JUDGE                                     JUDGE




YSK/

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