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CDJ 2026 BHC 1752 My Notes print Preview print print
Court : In the High Court of Bombay at Kolhapur
Case No : Writ Petition No. 3942 of 2023
Judges: THE HONOURABLE MR. JUSTICE MILIND N. JADHAV & THE HONOURABLE MR. JUSTICE NANDESH S. DESHPANDE
Parties : Sachin Mohan Thakur Versus State of Maha., Thr. Prin. Sec. Tribal Devd. Dept. & Others
Appearing Advocates : B.S. Panchpor (through VC) a/w Vaishnavi Shelar, Advocates. For the Respondents: Vikas Mali, AGP.
Date of Judgment : 30-07-2026
Head Note :-
Comparative Citation:
2026 BHC-KOL 6617,
Judgment :-

Oral Judgment:

Nandesh S. Deshpande, J.

1. Heard. Rule. Rule made returnable forthwith. Heard finally with consent of the parties.

2. The present petition challenges the order dated 20th February 2023 passed by Respondent No. 2-The Scheduled Tribe Caste Certificate Verification Committee (hereinafter referred to as ‘Scrutiny Committee’) rejecting the caste validity proposal of the Petitioner.

3. Learned Counsel for the Petitioner submits that the real sister of the Petitioner, namely Swati Mohan Thakur, has been granted a validity certificate. He also submits that there are pre-constitutional documents showing that the forefathers of the Petitioner belong to ‘Thakar’ Scheduled Tribe.

4. Learned AGP supported the impugned order, stating that the Scrutiny Committee was right in rejecting the application.

5. After perusing the record and the validity granted to the real sister of the Petitioner, we are of the considered opinion that the Scrutiny Committee gravely erred in rejecting the claim. The question is no longer res integra in view of the Judgment in Apoorva d/o Vinay Nichale v. Divisional Caste Certificate Scrutiny Committee No.1 & Ors., 2011((2010(6) Mh.L.J. 401),), that once the validity has been granted to a close blood relative on the same material, a contrary view cannot ordinarily be taken in the absence of fraud or any other distinguishing feature.

6. As held by Hon’ble Apex Court in the case of Anand v. Committee for Scrutiny and Verification of Tribe Claims & Ors((2012) 1 SCC 113), affinity test is not a litmus test especially when there are documentary evidence, pre-constitutional documents have greater probative value and must be considered independently.

7. The impugned order suffers from perversity. We pass the following order:

                    I. The order dated 20th February 2023 passed by Respondent No. 2 is quashed and set aside. It is declared that the Petitioner belongs to the ‘Thakar’ Scheduled Tribe.

                    II. Respondent No. 2 Committee is directed to issue a caste validity certificate within four weeks from today.

                    III. Rule is made absolute in above terms.

8. The Writ Petition is allowed and disposed of.
 
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