Bhogale 5.wp-9727-2007.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9727 OF 2007 Ku. Pranita Vinayakrao Shankhpal (Thakur) aged about 26 yrs, Occ. Student r/o Vakratund Apartments, 2nd Floor, Amrut Nagar, Jalamb Road, Khamgaon, Taluka Khamgaon, District Buldana … Petitioner Versus Committee for Scrutiny & Verification of Tribe Claims, Amravati, Near Irwin Chowk, Morshi Road, Amravati .… Respondent **** Adv. Sahil Choudhari h/f Adv. Sushant Yeramwar, for the petitioner. Mr. N. C. Walimbe, Addl.G.P. a/w Smt. V. R. Raje, AGP for the respondent-State. **** CORAM : M. S. KARNIK & S. M. MODAK, JJ. DATE : 6th AUGUST 2026 ORAL JUDGMENT (PER M. S. KARNIK, J.) : 1. Heard learned counsel for the parties. 2. The caste claim of the petitioner as belonging to ‘Thakur’ Scheduled Tribe has been invalidated by the Scrutiny Committee. Learned Additional Government Pleader opposed the submissions 1 2026:BHC-AS:32434-FB Bhogale 5.wp-9727-2007.odt of learned counsel for the petitioner and argued in support of the impugned order. However, the petitioner during the pendency of this writ petition, has filed an affidavit dated 4th January 2026, stating that the caste claim of the petitioner’s real sisters viz. Seema Vinayak Shankhpal and Jyoti Vinayak Shankhpal, as well the real brother viz. Prashant Vinayak Shankhpal has been validated by the Scrutiny Committee pursuant to the order passed by this Court in Writ Petition No.2728 of 2022 vide order dated 18th March 2024. 3. Learned Additional Government Pleader for the respondent then submitted that the matter be remitted to the Scrutiny Committee for verification of the relationship of the petitioner with Seema Vinayak Shankhpal, Jyoti Vinayak Shankhpal and Prashant Vinayak Shankhpal. However, we find that a remand is not warranted considering that the petitioner has produced on record the genealogy. The genealogy is taken on record and marked as Exhibit “X” for identification. The said genealogy relied upon by the petitioner was part of the proceedings of the caste verification claim of her sister Jyoti, 2 Bhogale 5.wp-9727-2007.odt wherein even the petitioner’s name has been indicated as her sister. The genealogy has been verified by the Vigilance Cell. 4. The Hon’ble Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti vs. State of Maharashtra and Others1 held that the following three prerequisites have to be satisfied while giving weightage to the certificate of validity issued in favour of the close blood relative:- (i) The applicant must establish a clear and specific relationship with the person in whose favour the validity certificate has been issued; (ii) The Scrutiny Committee must verify whether the validity certificate was granted to the applicant’s blood relative after due enquiry and in accordance with prescribed procedure; and (iii) The Scrutiny Committee must ascertain the genuineness of the validity certificate relied upon. 5. This Court in Apoorva d/o Vinay Nichale vs. Divisional Caste Certificate Scrutiny Committee No.1 and others2 has, in paragraph 4 held thus :- “4. We have considered the matter and we are of the view that the petitioner's caste claim that she belongs to Kanjar Bhat-Nomadic Tribe ought to have been accepted by the Committee merely on the basis that identical caste claim of her sister that she belongs to Kanjar Bhat has been allowed by the Committee, even apart from the Government Resolution. We are of the opinion that the guidelines 1 (2023) 16 SCC 415 2 2010(6) Mh.L.J. 401 3 Bhogale 5.wp-9727-2007.odt provided by the said Govt. Resolution are sound and based on sound principles. It would indeed be chaotic otherwise. If the relationship by blood is established or not doubted, and one such relative has been confirmed as belonging to a particular caste, there is no reason why public time or money should be spent in the committee testing the same evidence and making the same conclusion unless of course the Committee finds on the evidence that the validity of the certificate of such relation has been obtained by fraud.” 1. 5. Since the close blood relatives of the petitioner have been issued with certificates of validity, even the present writ petition also deserves to succeed. The writ petition is allowed. The impugned order is quashed and set aside. It is declared that the petitioner has proved that she belongs to ‘Thakur’ Scheduled Tribe. The Scrutiny Committee is directed to issue the validity certificate to the petitioner within a period of four weeks from the date of receipt of this order. 6. The writ petition is disposed of. (S. M. MODAK, J.) (M. S. KARNIK, J.) 4 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 06/08/2026 19:44:06