12.WP10927.2009.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10927 OF 2009 Sangita d/o. Ramkrishna Thakur. … Petitioner. Versus The Scheduled Tribe Caste Certificate Scrutiny Committee And Anr. … Respondents -------------- Mr. R.K. Mendadkar, Advocate for the Petitioner. Smt. V.R. Raje, AGP for Respondent/State. -------------- CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 17th SEPTEMBER, 2026 ORAL ORDER : (Per M.S. KARNIK, J) 1. We have heard Mr. Mendadkar, learned Counsel for the Petitioner and Mrs. Raje, learned AGP for Respondent/State. 2. The Petitioner has challenged the order passed by the Respondent No. 2 Scrutiny Committee invalidating the tribe claim of the Petitioner as belonging to Thakur Scheduled Tribe. 3. We have heard Mrs. Raje, learned AGP in support of the impugned order. It is submitted that the Scrutiny Committee after taking into consideration the material on record and documents, Talwalkar 1 ARUNA SANDEEP TALWALKAR Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2026.09.17 18:12:27 +0530 12.WP10927.2009.odt by a reasoned order rejected the caste claim which does not call for any interference. 4. It is pertinent to note that during the pendency of this Petition, an additional affidavit is filed by the Petitioner stating that the Petitioner’s real sister by name Kumari Shobha Ramkrishna Gathe has been granted certificate of validity pursuant to the decision of the Nagpur Bench of this Court in Writ Petition No. 2714 of 2022 by order dated 18/3/2024. It is also pertinent to note that the Petitioner’s real brother viz. Rajeshkumar Ramkrishna Gathe is granted certificate for validity as belonging to Thakur Scheduled Tribe by an order dated 14/2/2024 of the Nagpur Bench of this Court in Writ Petition No. 5149 of 2023. 5. We have perused the decisions of this Court in the above mentioned Writ Petitions. This Court has for the reasons recorded set aside the order of the Scrutiny Committee and declared the Petitioners therein as belonging to Thakur Scheduled Tribe. 6. This Court referred to various decisions and more particularly, Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti vs. The State of Maharashtra and others1 and Apoorva d/o 1 AIR 2023 SC 1657 Talwalkar 2 12.WP10927.2009.odt Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 Nagpur2. Once it is undisputed that the Petitioners real brother and sister have been declared as belonging to Thakur Scheduled Tribe by a reasoned order of this Court, even this Petition deserves to succeed. The Petitioner is a close blood relative and the real sister of Kumari Shobha Ramkrishna Gathe and Rajeshkumar Ramkrishna Gathe who have been declared to belong to Thakur Scheduled Tribe. In view of the law laid down in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti (supra) and Apoorva d/o Vinay Nichale (supra) and for the same reasons as in the aforesaid Writ Petitions, even the present Writ Petition deserves to succeed. 7. Hence, the following order is passed : (i) The impugned order dated 29/5/2008 passed by the Scrutiny Committee is quashed and set aside. (ii) It is declared that the Petitioner has proved that she belongs to ‘Thakur Scheduled Tribe’. (iii) The Scrutiny Committee shall issue a validity certificate to the Petitioner within a period of six weeks from receipt of the 2 2010(6) Mh.L.J.401. Talwalkar 3 12.WP10927.2009.odt copy of this order. 8. Rule is made absolute in the above terms. 9. Writ Petition is disposed of. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Talwalkar 4