BHAKTI MUKUND PARCHANDEversusTHE STATE OF MAHARASHTRA THR. SECRETARY CULTURAL AND SOCIAL WELFARE DEPT. AND ORS.

                                                       901-WP-3989-2026-J.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION

                    WRIT PETITION NO. 3989 OF 2026

Bhakti Mukund Parchande,
Age: 19 Years, Occ:Student
R/At/P- Natepute, Tal- Malshiras,
Dist- Solapur, 413109.                             ...Petitioner.
               Versus
1.     The State of Maharashtra
       Through Secretary,
       Cultural & Social Welfare Department,
       Mantralaya, Mumbai- 32.

2.      State Common Entrance Test Cell,
        Mumbai.
        O/At: 8th Floor, New Excelsior Building,
        A. K. Nayak Marg, Fort, Mumbai-400001.

3.      Schedule Tribe Certiicate
        Scrutiny Committee,
        CVC Pune, Pune Division 5th Floor,
        C Wing, Kapil Towers, Pune-411 001.

4.      Government College Of Engineering,
        Kolhapur
        O/At: University Road (Old Pune-
        Bangalore Road) Vidyanagar,
        Kolhapur-416004                            ...Respondents.

                               ——————
Mr. Satish S. Raut with Mr. Shubham Gangan, Mr. Ashitosh Jambilkar, Adv.
Prajakt Kamble & Mr. Omkar Koratkar, for the Petitioners.
Mr. R. P. Kadam, ‘B’ Panel Counsel, for the Respondent Nos.1 & 3-State.
Mr. Nagesh Chavan with Mr. Abhang M. Suryawanshi, for the Respondent No.2-
CET.
                               ——————



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                                  Coram :    Sharmila U. Deshmukh &
                                             Neeraj P. Dhote, JJ.
                                  Date     : September 04, 2026.
JUDGMENT : (Per Neeraj P. Dhote, J.)

1.      Heard the learned Counsel for the Petitioner and the learned AGP

for the Respondents inally at the admission stage.

2.      This petition is iled for directions to the Respondent No.3-

Scrutiny Committee to decide the claim of the Petitioner towards the

‘Koli Mahadev’ Scheduled Tribe.

3.      The Petitioner is the student and pursuing the degree in

Computer Science and Engineering from the Government College of

Engineering, Kolhapur. She is having the caste certiicate issued by the

Competent Authority as belonging to the ‘Koli Mahadev’ Scheduled

Tribe. Her caste certiicate is referred for veriication to Respondent

No.3-Scrutiny Committee and the same is pending for consideration.

4.      It is submitted by learned Counsel for the Petitioner that, this

Court in Writ Petition No.4340 of 2026 iled by the Petitioner’s brother,

Harshad Mukund Parchande, set aside the order of the Scrutiny

Committee invalidating the tribe claim towards the ‘Koli Mahadev’ and

directed issuance of Validity Certiicate. Therefore, the Respondent No.

3-Scrutiny Committee be directed to issue the tribe certiicate to the

Petitioner as belonging to the ‘Koli Mahadev’ Scheduled Tribe.

5.      The learned AGP appearing for Respondent Nos.1 and 3 do not


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dispute that this Court in the aforesaid writ petition set aside the order

of invalidation of the tribe claim of the Petitioner’s brother and submit

that appropriate order may be passed.

6.      In the said writ petition, which is on today’s board, the order

impugned was dated 28th August 2026 passed by the Scrutiny

Committee invalidating the tribe claim as belonging to the ‘Koli

Mahadev’ of the Petitioner’s brother is set aside. The tribe claim of the

Petitioner’s brother was also referred to the Scrutiny Committee and

the Scrutiny Committee had directed vigilance inquiry and had

invalidated his claim. This Court, on going through the record, found

the pre-Constitution era document of the cousin grandfather of the

Petitioner, wherein the caste was mentioned as ‘Koli Mahadev’ and this

Court set aside the said order of the Scrutiny Committee and directed

issuance of the validity certiicate to the Petitioner’s brother.

7.      As there is no dispute that the Petitioner is the sister of Harshad

Mukund Parchande, who is the Petitioner in Writ Petition No.4340 of

2026, which is allowed, the Petitioner becomes entitle for validity

certiicate as belonging to the ‘Koli Mahadev’ Scheduled Tribe, on the

settled principal that, once a blood relative holds a valid certiicate of

Caste/Tribe Validity, the other blood relatives may be granted the

validity.




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                        8.      Thus, in the backdrop of the above observations, we allow the

                        petition and pass the following order:

                                                            ORDER

                              (i)    The Writ Petition is allowed.

                              (ii)   The Respondent No.3-Scrutiny Committee shall issue the

                                     Validity Certiicate to the Petitioner as belonging to the ‘Koli

                                     Mahadev’ Scheduled Tribe by 7 th September 2026 before 2:00

                                     p.m.

                              (iii) The Writ Petition is accordingly disposed of.



                         [Neeraj P. Dhote, J.]                        [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.09.04
           20:01:22
           +0530




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