Bombay High Court

SURESH HARIBHAU HAJAREversusTHE STATE OF MAHARASHTRA AND OTHERS

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

Holding

The Court held that the Scrutiny Committee’s order denying the petitioner’s claim to Koli Mahadev Scheduled Tribe status was unlawful and quashed it, directing issuance of a tribe‑validity certificate subject to pending re‑opening proceedings.

Summary

The petitioner, Suresh Haribhau Hajare, challenged a Scrutiny Committee order dated 04‑03‑2026 that invalidated his claim to belong to the ‘Koli Mahadev’ Scheduled Tribe. The petition was filed under Article 226 of the Constitution seeking a tribe‑validity certificate. The Court noted that a similar petition (Writ Petition No. 2723 of 2026) had already been decided, resulting in the quashing of the same order. Relying on that precedent and the lack of any substantive justification for the Committee’s denial, the Bench partially allowed the writ. It quashed the impugned order, directed the Committee to issue a tribe‑validity certificate to the petitioner, subject to the outcome of pending re‑opening proceedings, and barred the petitioner from claiming any equity thereafter.

Issues considered

The legality of the Scrutiny Committee’s order invalidating the petitioner’s Scheduled Tribe status.
Whether the petitioner is entitled to a tribe‑validity certificate pending re‑opening of the validity proceedings.
Whether the order was issued in violation of procedural fairness under Article 226.

Subjects

Scheduled Tribe
Koli Mahadev
tribe validity certificate
Scrutiny Committee
writ petition
Bombay High Court
quashing order

Judgment

                                   (1)
                                               954 WP-3111.2026.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

           954 WRIT PETITION NO. 3111 OF 2026

                SURESH HARIBHAU HAJARE
                          VERSUS
       THE STATE OF MAHARASHTRA AND OTHERS
                              …
      Mr. Pratap V. Jadhavar, Advocate for the petitioner.
     Mrs. Chaitali Choudhari, A.P.P. for respondents–State.
                              ...

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

                 DATED : 24 MARCH 2026.

Oral order (Per Abasaheb D. Shinde, J.) :

1.    Heard.

2.    The petitioner is taking exception to the common order

dated 04.03.2026 passed by respondent Scrutiny Committee

thereby invalidating tribe claim of the petitioner of belonging to

“Koli Mahadev” Scheduled Tribe.

3.    Out of two claimants, the other claimant namely

Prashant Vijaykumar Hajare, who had also suffered the same

impugned order, had challenged the same by filing Writ

Petition No. 2723 of 2026. This Court, by a reasoned order

dated 17th March 2026, has set aside the impugned order by

allowing the said writ petition.

4.    Learned A.G.P. does not dispute the said fact.
                                  (2)
                                                      954 WP-3111.2026.odt
5.    We thus pass the following order.

                               ORDER

     (I)     The Writ Petition is partly allowed.


     (ii)    The impugned order dated 04.03.2026 passed by
             Respondent No.2-Scrutiny Committee is hereby
             quashed and set aside.


     (iii)   Respondent No.2-Scrutiny Committee is directed
             to issue tribe validity certificate to the petitioner
             forthwith   of   belonging     to     ‘Koli   Mahadev’,
             Scheduled Tribe which shall be subject to final
             outcome of the re-opening proceedings initiated
             by Respondent No.2-Scrutiny Committee against
             the   validity   holders,    relied    upon    by    the
             petitioners in Writ Petition No.11909 of 2021.


     (iv)    The petitioner will not claim any equity.




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




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