NITIN PRAKASH PUND AND ORS vs THE STATE OF MAHARASHTRA THR THE SECRETARY AND ORS

Judgment text excerpt

RAMESHWAR LAXMAN DILWALE IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by RAMESHWAR CIVIL APPELLATE JURISDICTION LAXMAN DILWALE Date: 2025.08.20 12:05:13 +0530 WRIT PETITION NO.12621 OF 2023 Nitin Prakash Pund & Ors. .. Petitioners Vs. The State of Maharashtra & Ors. .. Respondents Mr. Danish Patel i/b. Ms. Vaishali Suryawanshi, for the Petitioners. Mr. Siddheshwar Kalel, AGP for Respondent Nos.1 to 3-State. CORAM : SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ. DATE : 1st AUGUST 2025 Per, Shree Chandrashekhar, J. : The petitioners are claiming that they belong to the Scheduled Tribe “Koli Mahadev”. They are aggrieved by the order dated 14 th June 2022 by which the Sub-Divisional Officer of Vita within the district of Sangli dismissed the application for Caste Certificate to the petitioner nos.2 and 3 who are the sons of the petitioner no.1 on the ground that they did not furnish any pre-1950 document and their application for the Caste Certificate for the purpose of education was not supported by any Caste Validity Certificate of their family members. The Appeal moved by the petitioners before the Scheduled Tribes Caste Scrutiny Committee was also rejected by an order dated 9 th February 2023 observing that it was for the petitioners to prove that they belong to “Koli Mahadev” but they failed to discharge the burden by producing any pre-1950 document. 2. In the order dated 14th June 2022, the Sub-Divisional Officer held as under: “Whereas Shri. Nitin Prakash Pund, resident of Lingivare, Taluka Atpadi, Dist-Sangli, has submitted an application under No. 4 to Maha E Seva Kendra Atpadi for obtaining a Scheduled Tribe certificate in his name, Koli Mahadev. 1/17 Kartikey Goti, PA / Rameshwar Dilwale, PA Accordingly, under sub-rule (6) of Rule 5 of the Scheduled