Bombay High Court
Reshma Kondiram Beske vs The State Of Maharashtra And Others on 25 August, 2025
Author: Manish Pitale
Bench: Manish Pitale
2025:BHC-AUG:23333-DB
1 71 WP 10486-2025, 75, 76, 78 & 87.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
71 WRIT PETITION NO. 10486 OF 2025
VIVEK BAPU BESKE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
AND
75 WRIT PETITION NO. 10490 OF 2025
LIMBRAJ NAMDEV BESKE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
AND
76 WRIT PETITION NO. 10491 OF 2025
ROHIT SANDIPAN BESKE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
AND
78 WRIT PETITION NO. 10493 OF 2025
RESHMA KONDIRAM BESKE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
AND
87 WRIT PETITION NO. 10502 OF 2025
VILASH BHANUDAS BESKE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Vivekanand U. Jadhav - Advocate for Petitioners
Mr. V.M. Kagne, Mr. S.P. Sonpawale and Mr. R.K. Ingole - AGP's for
Respondents, State
2 71 WP 10486-2025, 75, 76, 78 & 87.odt
...
CORAM : MANISH PITALE &
Y. G. KHOBRAGADE, JJ.
DATE : 25.08.2025
ORDER (PER : Y.G. KHOBRAGADE, J.) :
–
1. In these petitions, the petitioners take exception to the common
order dated 16.06.2025 passed by respondent No.2 – Scrutiny
Committee, thereby invalidating their ‘Koli Mahadev’ Scheduled Tribe
claim.
2. Issue notice to the respondents. The learned A.G.P. waives service
of notice on behalf of both the respondents in all the petitions.
3. Considering the urgency, the matter is taken up for final disposal at
the motion stage. Heard both sides at length.
4. Having regard to the rival submissions canvassed on behalf of both
sides, we have gone through the record.
5. As per the genealogical tree in these petitions, Mahadev Beske, the
forefather of the petitioners, had two sons namely, Bapurao and
Yashwant. Taterao and Baburao are the sons of Bapurao, while Srihari,
Limbaji, Kondiram and Balaji are the sons of Yashwant. Bhanudas is the
son of Taterao. Shivaji is the son of Baburao. Rangnath, Nagnath are the
sons of Srihari. Suraj is the son of Limbaji. Mangesh, Mohini, Reshma and
3 71 WP 10486-2025, 75, 76, 78 & 87.odt
Yogesh are the children of Kondiram and Om is the son of Balaji.
Sandipan, Sunil, Vilas and Vinayak are sons of Bhanudas. Dattatraya and
Bapu are the sons of Shivaji. Devansh and Vedika are the children of
Rangnath. Viraj is the son of Nagnath. Abhishek is the son of Dattatraya.
Rohit, Rohini and Rahul are the children of Sandipan. Sumit is the son of
Sunil. Vikas and Vishal are the sons of Vilas. Vikram, Aniket and Shrirang
are the sons of Vinayak. Shradha, Renuka and Vivek are the children of
Bapu.
6. On the face of record, it appears that on 17.08.2023, a Division
Bench of this Court passed an order in Writ Petition No. 10081 of 2023
(Shradha d/o. Bapu Beske and Anr. Vs. The State of Maharashtra and
Anr.) and directed respondent No.2 to issue a conditional Koli Mahadev
Scheduled Tribe Validity Certificates in favour of the petitioners therein.
7. The respondent No. 2 – Scrutiny Committee has not denied the
paternal blood relations between the present petitioners and the other
validity holders. However, by the impugned order dated 16.06.2025,
respondent No.2 – Scrutiny Committee held that the paternal blood
relatives had obtained the Scheduled Tribe Certificates by suppressing
material facts and on the basis of false information, and therefore, the
validity holders were served with notices for revocation of their validities.
However, it is not in dispute that the respondent No.2 – Scrutiny
Committee has not invalidated or revoked the said validities issued in
4 71 WP 10486-2025, 75, 76, 78 & 87.odt
favour of paternal blood relatives of the petitioners.
8. Considering the law laid down in the cases of Maharashtra Adiwasi
Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and Ors.,
reported in AIR 2023 SC 1657, Shweta Balaji Isankar Vs. State of
Maharashtra and Ors., reported in 2018 SCC Online Bom. 10341,
Apoorva Vinay Nichale Vs. Divisional Caste Certificate Scrutiny
Committee No.1 and Ors., reported in 2010(6) Mh.L.J. 401, wherein it
has been held that when the biological father, biological siblings,
biological uncle, etc., are granted validity certificates, a candidate so
related to them cannot be deprived of a validity certificate, the present
petitioners are entitled to be issued a validity certificate. However, the
said validity shall be co-terminus with the decision in the matter which
the Committee may decide to reopen.
9. Since some of the petitioners appear to be aspiring candidates for
admission to professional courses and they intend to secure admission
under the Scheduled Tribe (ST) reserved category, they are directed to
furnish undertakings that, in the event their claims are invalidated by
respondent No. 2 – Scrutiny Committee, they shall pay the tuition and
admission fees applicable to a candidate from the open category, and no
equity shall lie in their favour.
10. In view of the above discussion, the present petitions deserves to be
5 71 WP 10486-2025, 75, 76, 78 & 87.odt
partly allowed and the impugned common order dated 16.06.2025
passed by the respondent No.2 – Scrutiny Committee needs to be
quashed and set aside. Accordingly, we proceed to pass the following
order :
ORDER
i. The writ petitions are partly allowed.
ii. The impugned common order dated 16.06.2025 passed
by the respondent No.2 – Scrutiny Committee is hereby
quashed and set aside.
iii. Respondent No.2 – Scrutiny Committee shall
immediately issue ‘Koli Mahadev’ Scheduled Tribe validity
certificate in favour of the petitioners, which shall be subject to
the following conditions :
(a) The caste validity certificates shall be subject to
the outcome of the re-verification of the validity
certificates of their blood relatives, as proposed by the
Scrutiny Committee.
(b) The petitioners shall furnish undertakings before
the Registrar (Judicial) of this Court, as well as before
respondent No.2 – Scrutiny Committee and the
Educational Institution with which they seek admission
for a professional medical course, stating that in the
event their caste validity is revoked, they shall deposit
the tuition fees and other charges applicable to
6 71 WP 10486-2025, 75, 76, 78 & 87.odt
candidates from the open category.
(c) The petitioners shall not claim any equity.
(d) The petitioners shall cooperate with the Scrutiny
Committee.
iv. The writ petitions are disposed of. Pending applications,
if any, also stand disposed of.
(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Pooja Kale/
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