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CDJ 2026 BHC 2695 My Notes print Preview print print
Court : High Court of Judicature at Bombay
Case No : Writ Petition No. 9616 of 2007
Judges: THE HONOURABLE MR. JUSTICE M.S. KARNIK & THE HONOURABLE MR. JUSTICE SANDESH D. PATIL
Parties : Sanjay Versus State of Maharashtra through its Secretary, Department of Tribal Development, Mumbai & Others
Appearing Advocates : For the Petitioner: Anup Gilda (through V.C.), Advocate. For the Respondent: V.S. Nimalkar, A.G.P.
Date of Judgment : 24-09-2026
Head Note :-
Subject

Case Referred:
Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and Ors. - (2010 (6) MHLJ 401) : ((2010) SCC OnLine BOM 1053)
Judgment :-

Sandesh D. Patil, J.

1. Rule. Rule made returnable forthwith and with the consent of the parties matter is taken up for final hearing.

2. By the present Writ Petition, the Petitioner is challenging the Order dated 30th September, 2004 passed by the Respondent No. 2 thereby refusing to grant Validity Certificate to the Petitioner.

3. The Case of the Petitioner is that the Petitioner belongs to the Thakur Scheduled Tribe within the meaning of entry 44 of Part IX of the Constitutional (Scheduled Tribe) Order 1950. The Petitioner was issued the Caste Certificate as Thakur Scheduled Tribe vide a Order dated 12th January, 1995 issued by the Executive Magistrate, Akola. On 30th September, 2004, the Respondent No.2 passed an Order invalidating the Petitioner’s Caste claim belonging to ‘Thakur’ Scheduled Tribe. Being aggrieved and dissatisfied with that order passed by the Committee, the Petitioner had preferred a writ petition bearing No. 4875 of 2004 before the High Court of Judicature at Bombay, Nagpur Bench which was dismissed. Being aggrieved and dissatisfied with the same, the Petitioner had preferred an Special Leave Petition No.632 of 2019 before the Hon’ble Supreme Court. The Hon’ble Supreme Court vide Judgment and Order dated 12th December, 2025 quashed and set aside the Judgment and Orders passed by the High Court, Bench at Nagpur and remanded the matter back to this Court. This is how the matter is placed before us.

4. The learned Counsel appearing for the Petitioner, after the remand, has filed an additional affidavit stating that the close blood relative of the Petitioner, namely the cousin brother of the Petitioner, Mr. Sunil Awadhoot Pawar, was granted the validity Certificate pursuant to the Judgment passed by the High Court, Bench at Nagpur in Writ Petition No.3729 of 2020 dated 30th June, 2025. He further submitted that the said Mr. Sunil Awadhoot Pawar is a close blood relative of the Petitioner therefore, the Petitioner should also be granted the Caste Validity Certificate. He relied upon the family tree which was duly verified by the Police Inspector, Vigilance Cell at Amravati.

5. Learned A.G.P. for the Respondent-State opposed the Petition. Learned A.G.P. pointed out that although the family tree was duly verified, the Caste Scrutiny Committee had rightly rejected the claim for Caste Validity Certificate for valid reasons and therefore there is no reason why this Court should interfere in the same. Learned A.G.P. prayed for dismissal of the Petition.

6. We have considered the pleadings, document on record and the arguments of the parties. We have also perused the additional affidavit filed by the Petitioner in this Court.

7. The Petitioner's main contention is that his cousin brother, Mr. Sunil Awadhoot Pawar, who is a close blood relative of the Petitioner, was granted a Caste Validity Certificate belonging to Thakur Scheduled Tribe vide Order dated 30th July, 2025 by the High Court, Bench at Nagpur. The Nagpur Bench considered that the daughter of Mr. Sunil Awadhoot Pawar, namely Vedika and his niece, namely Pallavi was granted Caste Validity Certificate in Writ Petition No.622 of 2023 by Order dated 10th April, 2023.

8. This Court, in Writ Petition No.3729 of 2020, after relying upon the Judgment in the matter of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and Ors.(2010 (6) MHLJ 401 : (2010) SCC OnLine BOM 1053), has granted the Caste Validity Certificate to the real cousin-brother of the Petitioner, namely Mr. Sunil Awadhoot Pawar.

9. The aforesaid facts are not disputed. The Order passed by this Court in Writ Petition No. 3729 of 2020 has attained finality. The Caste Scrutiny Committee has thereafter granted the Caste Validity Certificate to Mr. Sunil Awadhoot Pawar on 11th September 2025. The Caste Validity Certificate of the cousin brother of the Petitioner, namely Mr. Sunil Awadhoot Pawar is on record.

10. In these premises, we are bound by the Judgment in the matter of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and Ors. (supra) since the Caste Validity Certificate is granted to Mr. Sunil Awadhoot Pawar who happens to be the close blood relative of the Petitioner. Hence, the following Order:

                    ORDER

                    (i) Writ Petition No.9616 of 2007 is allowed.

                    (ii) The impugned Order dated 30th September, 2004 passed by the Respondent No.2 is quashed and set aside.

                    (iii) The Respondent No.2 is directed to issue Certificate of Validity to Petitioner-Sanjay s/o Shankarrao Pawar as belonging to Thakur Scheduled Tribe within a period of four weeks from today.

11. Rule is made absolute in the aforesaid terms.

12. There shall be no order as to costs.

13. In view of above, Writ Petition No.9616 of 2007 stands disposed of.
 
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