SHIVPRASAD VASANT SAMBUTWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Advocate for the petitioners. Rule. Rule is made returnable forthwith. At the joint request, the matter is taken up for final disposal at the admission stage.

(2.) The petitioners who are cousins inter-se are questioning the legality and validity of the order passed by the respondent no.2/Scrutiny Committee in the proceeding under Sec. 7 of the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, thereby seizing and cancelling their certificates as belonging to 'Koli Mahadev scheduled tribe'. It was a common order in respect of both these petitioners.

(3.) The learned Advocate for petitioners would submit that there are more than 8 to 10 validity holders in the blood relation from the paternal side. There is no dispute about the genealogy. Petitioners' (Shivprasad) two sisters have been granted validity by this Court conditionally namely Aishwarya Vasant and Shivani Vasant. Petitioner Om is their real cousin. Since the petitioners are claiming social status, so long as there are validities in the family subsisting as on the date, petitioners cannot be deprived of same benefit.