Bombay High Court

ATMARAM PANDURANG TOTEWADversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

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

Holding

The Court quashed the Scrutiny Committee’s order and directed issuance of caste validity certificates to the petitioners, subject to a future reverification.

Summary

The petitioners, Atmaram Pandurang Totewad and Rohidas Vishnudas Totewad (father and guardian), challenged a judgment dated 16 June 2025 of the Scrutiny Committee that invalidated their claim of belonging to the “Koli Mahadev” Scheduled Tribe. Their brother, Shravan Vishnudas Totewad, had earlier faced a similar invalidation but the High Court, in Writ Petition No.12484 of 2024, granted him conditional validity. Relying on that precedent, the petitioners sought the same conditional validity for their caste certificates. The State’s Advocate did not dispute the possibility of granting conditional validity to the petitioners’ blood relative. The Court, without detailed reasoning, quashed the Scrutiny Committee’s order, directed issuance of caste validity certificates to the petitioners, and conditioned those certificates on a future reverification of a related certificate.

Issues considered

Whether the Scrutiny Committee's order invalidating the petitioners' claim to the “Koli Mahadev” Scheduled Tribe should be set aside.
Whether the petitioners are entitled to conditional caste validity certificates similar to those granted to their brother.

Subjects

Scheduled Tribe
caste validity certificate
Scrutiny Committee
conditional validity
writ petition
quashing order

Judgment

2026:BHC-AUG:12179-DB
                                                  (1)
                                                                           954-955.odt
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 954 WRIT PETITION NO. 8928 OF 2025

                                  ATMARAM PANDURANG TOTEWAD
                                                                         ….Petitioner
                                               VERSUS

                     THE STATE OF MAHARASHTRA THROUGH SECRETARY AND
                                         OTHERS
                                                         …..Respondent

                                                 AND

                                 955 WRIT PETITION NO. 9844 OF 2025

                     ROHIDAS VISHNUDAS TOTEWAD THR FATHER AND NATURAL
                          GUARDIAN VISHNUDAS PANDURANG TOTEWAD
                                                              ….Petitioner
                                          VERSUS

                     THE STATE OF MAHARASHTRA THROUGH SECRETARY AND
                                              ANOTHER
                                                                    …..Respondents
                                               …..
                      Advocate for the Petitioner : Mr. O. B. Boinwad
                      AGP for Respondent/State: Mr. N. B. Patil
                                                  ….

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

                                   DATED :    MARCH 18, 2026

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

                1.      Heard.

                2.      By these Writ Petitions, the petitioners are challenging the

                common judgment and order dated 16.06.2025 passed by respondent

                No.2 / Scrutiny committee by which the tribe claims of the petitioners

                of belong to “Koli Mahadev” Scheduled Tribe have been invalided.
                                     (2)
                                                               954-955.odt
3.     The petitioners are uncle and nephew respectively. The brother

of petitioner in Writ Petition No. 9844 of 2025 namely Shravan

Vishnudas Totewad,         whose tribe claim was invalidated by the

respondent No,2/ Scrutiny committee had approached this Court by

way of Writ Petition No. 12484 of 2024 and this Court by an order

dated 29.11.2024, after considering the selfsame record, has granted

conditional validity.

4.        Learned counsel for the petitioners, therefore, submit that, the

petitioners deserve to be granted conditional validity in the light of

validity granted to their blood relative.

5.        Learned A.G,P. does not dispute the aspect of granting

conditional validity to the blood relative of the petitioners by this

Court nor the relationship of the petitioners with the said validity

holder.



6.     In that view of the matter, without dealing with the reasons

elaborately, we propose to pass the following order.

                            ORDER

(I)    The Writ Petitions are partly allowed.

(II)   The impugned judgment and order dated 16.06.2025 passed by
       respondent No.2/ Scrutiny Committee is hereby quashed and
       set aside.


(III) The respondent No.2/ Scrutiny Committee is directed to issue
       caste validity certificates of belonging to “Koli Mahadev”
                                   (3)
                                                               954-955.odt
       Scheduled Tribe to the petitioners.


(IV) The caste validity certificates issued in favour of petitioners will
       be subject to outcome of          proposed reverification to be
       undertaken by the Scrutiny Committee in respect of the validity
       certificate of one Devidas Totewad, who has earlier granted
       validity certificate and on whose validity certificate the
       petitioners have placed reliance.


(V)    The petitioners will not claim any equities.



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




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