20-WP-9675-2007.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9675 OF 2007 Bhalchandra S/o Rameshwar Gathe .....Petitioner Versus State of Maharashtra and Ors. .....Respondents ..... Ms. Priyanka Shaw h/f Mr. R. K. Mendadkar, for the Petitioner. Mr. N. C. Walimbe, Addl. G. P. a/w Ms. V. R. Raje, A.G.P., for the Respondent-State. ..… CORAM : M. S. KARNIK & SANDESH D.PATIL, JJ. DATE : 20th AUGUST 2026 P.C.:- 1. Heard learned Counsel for the Petitioner. 2. The Caste Validity Certificate of the Petitioner as belonging to Thakur Scheduled Tribe is invalidated by the Scrutiny Committee. During the pendency of this Petition, the real brother of the Petitioner who is Mr. Sunilkumar Rameshwar Gathe has been issued with a Certificate of Validity as belonging to Thakur Scheduled Tribe pursuant to the Order dated 6th August, 2026 passed by this Court in Writ Petition No.9668 of 2007. Mr. Sunilkumar Rameshwar Gathe was granted the Certificate of Validity based on the Certificate of Manisha 1/3 MANISHA BALKRISHNA TALEKAR Digitally signed by MANISHA BALKRISHNA TALEKAR Date: 2026.08.21 18:44:59 +0530 20-WP-9675-2007.doc Validity which was granted to his son-Mr. Suyash Sunilkumar Gathe as belonging to Thakur Scheduled Tribe which claim was validated by a reasoned order of this Court. 3. Learned A.G.P. for the Respondent-State submitted that, the matter be remitted to the Scrutiny Committee, for the Petitioner-Mr. Bhalchandra to establish his relationship with Mr. Sunilkumar Rameshwar Gathe . 4. An additional affidavit has been filed by the Petitioner producing on record a genealogy tree which has been duly verified by the Scrutiny Committee when the claim of Mr. Sunilkumar Rameshwar Gathe was under consideration. In the said genealogy tree, the Petitioner-Mr. Bhalchandra is shown as the real brother of Mr. Sunilkumar Rameshwar Gathe. 5. In such view of the matter, remitting the matter back to the Scrutiny Committee would be an exercise of futility. There are ample materials on record to indicate that the Petitioner is the real brother of Mr. Sunilkumar Rameshwar Gathe who has already been issued the Certificate of Validity as belonging to the Thakur Scheduled Manisha 2/3 20-WP-9675-2007.doc Tribe. For the same reasons as in the Judgment and Order dated 6th August, 2026 in Writ Petition No.9668 of 2007, the present Writ Petition is also allowed. Hence, the following Order: ORDER (i) The Writ Petition No.9675 of 2007 is allowed. (ii) The impugned Order dated 26th April, 2004 passed by the Respondent No.2 is quashed and set aside. The Petitioner is declared to be belong to the Thakur Scheduled Tribe. (iii) The Scrutiny Committee to issue Certificate of Validity to the Petitioner within a period of four weeks from to date of receipt of this order. (iv) Accordingly Writ Petition No.9675 of 2007 is disposed of. (SANDESH D.PATIL, J.) (M. S. KARNIK, J.) Manisha 3/3