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2022 DAILYLAW 3046 (BOM)

SANDIP SOMANATH GAIKWAD v. STATE OF MAHARASHTRA THR. SECR. TRIBAL DEVELOPMENT DETP. AND ORS

WP/9802/2022 · 2026-08-25

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Judgment text

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16-WP 9802-22.DOC Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9802 OF 2022 Sandip Somanath 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. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 28 July 2022 passed by respondent no.2-Scheduled Tribe Certificate Scrutiny Committee, whereby the Caste Certificate dated 22 December 2001 issued to the petitioner by respondent no.4/ competent authority, certifying that the petitioner belongs to ‘Thakar, Scheduled Tribe’ has been invalidated. 3. At the outset, learned counsel for the petitioner has drawn our attention to the order dated 14 August 2026 passed by a co-ordinate Bench of this Court in Writ Petition No. 10890 of 2025, in the case of Shravani d/o. Sandip Gaikwad vs. 25 August 2026 PRAJAKTA SAGAR VARTAK Digitally signed by PRAJAKTA SAGAR VARTAK Date: 2026.08.28 19:49:41 +0530 16-WP 9802-22.DOC The State of Maharashtra & Ors. The said petitioner-Shravani Gaikwad is the daughter of the petitioner herein. The Division Bench was considering a challenge to the order dated 21 July 2025 passed by the Scrutiny Committee, whereby the tribe claim of the said petitioner belonging to ‘Thakar, Scheduled Tribe’ was invalidated. The Division Bench set aside the orders passed by the Caste Scrutiny Committee and the proceedings were remanded to the Scrutiny Committee for a fresh decision to be taken in accordance with law. We are informed by learned counsel for the petitioner that, pursuant to the said orders passed by the Division Bench, the Scheduled Tribe Certificate Scrutiny Committee reconsidered the claim of the petitioner’s daughter and, after examining all the documents, issued a Certificate of Validity dated 24 August 2026 in her favour. A copy of the said order is placed on record. Learned AGP, on instructions, submitted that he would not dispute this position. 4. In such view of the matter, the impugned order dated 28 July 2022 passed by respondent no.2 would be required to be quashed and set aside, as on the very documents in question, the Caste Scrutiny Committee has taken a decision that the petitioner’s daughter belongs to the ‘Thakar, Scheduled Tribe’ . There cannot be a different yardstick in the present case. 5. On such conspectus, the Scheduled Tribe Certificate Scrutiny Committee is accordingly directed to issue a Caste Validity Certificate in relation to the caste certificate dated 22 December 2001 issued to the petitioner, certifying that the petitioner belongs to the ‘Thakar, Scheduled Tribe’. Let this order be complied 25 August 2026 16-WP 9802-22.DOC with within a period of one week from the date on which a copy of this order is placed before the Scheduled Tribe Certificate Scrutiny Committee. 6. The writ petition is allowed in the aforesaid terms. No costs. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 25 August 2026