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Bombay High Court

CHANDRAKALA BABURAO MEKALEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is allowed; the Scrutiny Committee's order is quashed and the petitioner is to be issued a conditional tribe validity certificate.

Summary

The petitioner, Chandrakala Baburao Mekale, filed a writ petition under Article 226 challenging the Scrutiny Committee's order dated 30.07.2021 that rejected her claim of belonging to the 'Koli Mahadev' Scheduled Tribe. She argued that her father Devanand Mekale's genealogy and the conditional validity certificates granted to her siblings and brother in earlier writ petitions established her entitlement to a tribe validity certificate. The State, through the AGP, contended that interpolations, contra entries, and the questionable validity of the certificate granted to Devanand Mekale precluded any conditional validity for the petitioner. The Court examined the earlier decisions granting validity to her relatives and held that the same material justified granting her conditional validity. Consequently, the Court allowed the petition, quashed the Scrutiny Committee's order, and directed the issuance of a tribe validity certificate subject to verification.

Issues considered

  • Whether the petitioner is entitled to a conditional tribe validity certificate despite alleged interpolations and contra entries in the records.
  • Whether reliance on the conditional validity certificates granted to the petitioner’s siblings and brother suffices to establish her own eligibility.
  • Whether the Scrutiny Committee's order rejecting the petitioner’s Scheduled Tribe claim is legally valid.

Subjects

  • Scheduled Tribe
  • Koli Mahadev
  • tribe validity certificate
  • conditional validity
  • Scrutiny Committee
  • interpolation
  • contra entry
  • Article 226

Judgment

2026:BHC-AUG:1179-DB


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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                      BENCH AT AURANGABAD
                                 950 WRIT PETITION NO. 9630 OF 2021

                                     Chandrakala Baburao Mekale
                                                VERSUS
                                 The State Of Maharashtra And Others
                                                    ...
                Mr. Madhur A. Golegaonkar a/w. Mr. Sagar D. Modak and Mr. Manish
                L. Paithane, Advocate for the Petitioner
                Mr. Madhukar A. Aher, AGP for Respondent Nos. 1 to 3.
                                                    ...
                                      CORAM : SANDIPKUMAR C. MORE AND
                                                   ABASAHEB D. SHINDE, JJ.
                                        DATED : JANUARY 08, 2026

                P.C.:

                1.      Heard.


                2.      Rule. Rule made returnable forthwith. With the consent of

                parties Writ Petition is taken up for final hearing at the stage of

                admission.


                3.      By this Writ Petition, under Article 226 of the Constitution of

                India, the petitioner is challenging the impugned order dated

                30.07.2021 passed by Respondent No.2-Scrutiny Committee by which

                the Tribe Claim of the petitioner of belonging to ‘Koli Mahadev’,

                Scheduled Tribe has been turned down.


                4.      Learned Counsel for the petitioner submits that the original

                validity holder is one Devanand s/o Baburao Mekale and in the

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       Vigilance Cell Report submitted during his tribe verification proceeding

       name of the petitioner is appearing in the genealogy. He would further

       submit that the daughters of the said Devanand, namely Rushada

       Devanand Mekale and Rutuja Devanand Mekale have already been

       granted conditional validity by this Court in Writ Petition No.10650 of

       2023 vide order dated 28.8.2023 and in Writ Petition No.9046 of 2020

       vide order dated 14.01.2021. Learned Counsel for the petitioner would

       further urge that even relying on these two validities this Court in the

       case of their real brother namely Rudraksha Devanand Mekale Vs. State

       of Maharashtra in Writ Petition No. 11752 of 2025 vide order dated

       25.09.2025 has granted conditional validity. The learned Counsel for

       the petitioner therefore urged that the petitioner deserves to be granted

       conditional validity.


       5.    Per contra the learned AGP would submit that certain inter

       polations as well as contra entries found by Respondent No.2-Scrutiny

       Committee shows that, petitioner does not even deserve conditional

       validity since the validity of Devanand Mekale which is relied upon by

       the petitioner has been granted by the Committee headed by V. S. Patil

       and therefore the same cannot be relied upon. He would further urge

       that this Court in Writ Petition No.653 of 2023 in the case of Prasad

       Laxmanrap paratwad Vs. The State of Maharashtra by an order dated



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       28.06.2023 has set aside the orders passed by the said Committee

       headed by Mr. V. S. Patil holding that all those orders are erroneous

       being unreasoned and cryptic.

       6.    Learned AGP has also relied upon the judgment and order passed

       by this Court in the case of Deepak S/o Balaji Rodewad Vs. State of

       Maharashtra and Ors. dated 01.11.2023 in Writ Petition No.9274 of

       2021 along connected Writ Petition to contend that this Court has

       dismissed the writ Petition though the petitioners therein were relying

       upon the validity certificates of their blood relatives. This Court in the

       said case held that if certain serious contra entries and interpolation are

       noticed, then merely because other blood relatives are granted

       conditional validity by the Scrutiny Committee that cannot be a ground

       for issuance of conditional validity in favour of the petitioners. Learned

       AGP therefore reiterate that in the instant case also certain contra

       entries and interpolations are noticed by Respondent No.2-Scrutiny

       Committee, merely because the petitioner’s other blood relatives have

       been granted conditional validity by this Court       the same by itself

       cannot be a ground for granting conditional validity to the petitioner

       and therefore urged that the Writ Petition deserves to be dismissed.

       However learned AGP has not disputed the relationship of petitioner

       with those validity holders.




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       7.    After having heard the learned Counsel for the petitioner and the

       learned AGP, we find that the contention raised by the learned AGP

       regarding interpolation and contra entries in respect of school records

       as well as grant of tribe validity certificate in favour of Devanand

       Mekale by the Committee headed by Mr. V. S. Patil is concerned, this

       Court in the case of Rutuja Devanand Mekale (supra) in paragraph 3

       observed thus :-

                “3.     Mr. Patil, the learned Additional Government Pleader submits that
                there are numerous documents showing the entry Koli. Even entry in the
                school record of the petitioner’s father Devanand and petitioner’s
                paternal aunt records caste as Koli; word Mahadev has been
                subsequently added. The difference in the ink is clearly visible. The
                learned A.G.P. further submits that the petitioner relied on the school
                entry of his grandfather Baburao. When the vigilance visits the school
                they could not find the register and some other person’s name appeared
                at that serial number. The learned A.G.P. submits that the statement of
                one Narsing Laxman has been recorded, he has given the genealogy. The
                same is separate from the one given by the petitioner. This shows that
                the petitioner is misleading.”


       8.    Thus whatever is being argued by learned AGP in this case has

       already been considered by this Court while granting conditional

       validity to Rutuja. We also find that relying on the said order passed by

       this Court in the case of Rutuja Devanand Mekale (supra) as well as the

       self-same material, this Court has granted validity in favour of Rushada

       and Rudraksha. Moreover, relying on all these three validities their

       brother namely Rudraksh has also been granted validity by the Court.

       In that view of the matter we are of the view that the petitioner also

       deserves to be granted conditional validity.


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       9.   We, therefore, pass the following order :-

                                      :: O R D E R ::


             i.     The Writ Petition is allowed.


             ii.    The impugned order dated 30.07.2021 passed by

             Respondent No.2-Scrutiny Committee, invalidating the caste

             claim of the petitioner belonging to 'Koli Mahadev', Scheduled

             Tribe, is quashed and set aside.


             iii.   Respondent No.2-Scrutiny Committee shall immediately

             issue a tribe validity certificate to the petitioner as belonging to

             'Koli Mahadev', Scheduled Tribe in the prescribed proforma.


             iv.    The validity certificate of the petitioner shall be subject

             to the outcome of verification to be undertaken by Respondent

             No.2-Scrutiny Committee of the validity holders on whom the

             petitioner is relying.


             v.     With the above directions, the petition stands disposed

             of.




            [ABASAHEB D. SHINDE, J.]               [SANDIPKUMAR C. MORE, J.]




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