YOGESH DNYANOBA GAIKWAD v. STATE OF MAHARASHTRA THR. SECR. TRIBAL DEVELOPMENT DETP. AND ORS
WP/9801/2022 · 2026-08-25
body2022
DailyLaw.ai
[ 2022 DAILYLAW 3044 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 3044 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
16-WP 9801-22.DOC Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9801 OF 2022 Yogesh Dnyanoba Gaikwad ...Petitioner Vs. State of Maharashtra & Ors. ...Respondents _________ Mr. Sahil Deepak Choudhari h/b. Mr. Sushant Yeramwar for Petitioner. Mr. P. P. Kakade, Addl. G. P. , with Mrs. M. P. Thakur, AGP for State. Mr. Neel Helekar with Mr. P. Khosla and Mr. Akhilesh Adhav for Respondent No.3. __________
CORAM:
G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE:
25 AUGUST 2026 P.C.
1. Rule. Rule made returnable forthwith. By consent of the parties, heard finally.
2. This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs:-
“a) This Hon'ble Court be pleased to issue Writ of Certiorari and or any other Writ, Order or Direction in the nature of Certiorari thereby quashing and setting aside the impugned order dated 28/7/2022 passed by the Respondent no.2 committee with further direction to the Respondent no.2 committee to issue certificate of validity in relation to caste certificate dated 30.8.2021 issued to the petitioner by the Respondent no.4 competent authority, (b) That this Hon'ble Court be pleased to hold and declare that the caste certificate dated 30.8.2021 issued to the petitioner by the Respondent no.4 competent authority is valid, legal and subsisting.”
3. The grievance of the petitioner is in regard to the order dated 28 July 2022 passed by respondent no.2-Scheduled Tribe Certificate Scrutiny Committee, 25 August 2026 PRAJAKTA SAGAR VARTAK Digitally signed by PRAJAKTA SAGAR VARTAK Date: 2026.08.28 19:47:08 +0530
16-WP 9801-22.DOC whereby the Caste Certificate dated 30 August 2021 issued to the petitioner by the competent authority, namely, the Sub-Divisional Officer (Revenue), certifying that the petitioner belongs to the ‘Thakar, Scheduled Tribe’, has been invalidated.
4. Today, in the writ petition filed by Sandip Gaikwad (Writ Petition No. 9802 of 2022), this Court has passed an order directing the Scheduled Tribe Certificate Scrutiny Committee to grant a Caste Validity Certificate in favour of Sandip Gaikwad. The daughter of Sandip Gaikwad, Miss Shravani, who is the cousin sister of the petitioner, has also been issued a Caste Validity Certificate dated 24 August 2026, in pursuance of the order dated 14 August 2026 passed by this Court in Writ Petition No. 10890 of 2025.
5.
Learned counsel for the petitioner has placed on record the genealogy, to submit that another family member of the petitioner, namely, Shravani, has already been granted a Caste Validity Certificate. It is further submitted that this Court has taken a view that Sandip Gaikwad, her father, is also entitled to a Caste Validity Certificate. It is submitted in view of the said genealogy and the aforesaid orders passed by this Court, the petitioner herein is also entitled to be granted a Caste Validity Certificate by the Scheduled Tribe Certificate Scrutiny Committee.
6. On the other hand, learned AGP submits that all these issues are now required to be taken into consideration, which would entail an examination of the genealogy by the Scheduled Tribe Certificate Scrutiny Committee. Hence, the 25 August 2026
16-WP 9801-22.DOC matter needs to be remanded to the Scheduled Tribe Certificate Scrutiny Committee for a decision to be taken in accordance with law.
7. We are in agreement with the learned AGP that all this material would be required to be considered by the Caste Scrutiny Committee.
8. In this view of the matter, we are inclined to dispose of this petition in terms of the following order:-
ORDER i. The impugned order dated 28 July 2022 passed by respondent no.2- Scheduled Tribe Certificate Scrutiny Committee is quashed and set aside. ii. The proceedings in respect of the petitioner’s proposal are remanded to the Scheduled Tribe Certificate Scrutiny Committee to be decided in accordance with law, after taking into consideration the Caste Validity Certificates granted to other family members, as noted by us hereinabove. All
contentions of the parties in that regard are expressly kept open. iii. Let the Scheduled Tribe Certificate Scrutiny Committee take a decision as expeditiously as possible and, in any event, on or before 15 September 2026. iv. The petition is disposed of. No costs.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 25 August 2026