11-WP-2293-2020.doc Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2293 OF 2020 Tejas s/o Vishnu Gaikwad and another ] Petitioners versus The State of Maharashtra ] Department of Tribal Development ] and another ] Respondents ….. Mr. Sushant Yeramwar (through V.C.) a/w Mr. Saurabh Tandale, for Petitioners. Mr. Siddheshwar B. Kalel, A.G.P, for Respondent – State. ….. CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ DATE : 19th NOVEMBER, 2025. ORAL ORDER: [PER M.S. KARNIK, J.]: 1. Heard learned Counsel for the petitioners. 2. Challenge in this petition is to the decision of the Scheduled Tribe Certiicate Scrutiny Committee dated 27th May, 2009 invalidating the tribe claim of the petitioners as belonging to “Thakar Scheduled Tribe”. The petitioner No.1 is the brother of petitioner No.2. 1 of 5 SHAILAJA SHRIKANT HALKUDE Digitally signed by SHAILAJA SHRIKANT HALKUDE Date: 2025.11.20 13:27:12 +0530 11-WP-2293-2020.doc 3. Learned A.G.P, at the outset, made a request that the matter be adjourned as he wants to go through the records of the proceedings of the matter before the Scrutiny Committee. However, in the light of the decision relied on by the petitioners in Mandabai d/o Vishnu Gaikwad Versus The State of Maharashtra and others in Writ Petition No.6464 of 2022 and in Sangitabai d/o Vishnu Gaikwad Versus The State of Maharashtra and others in Writ Petition No.8739 of 2022 decided on 1st March, 2023, in our opinion, giving an opportunity to the learned A.G.P to go through the records will be an exercise of futility. Hence, we are not inclined to accede to the request of the learned A.G.P which in ordinary course we would be willing. 4. By the aforesaid order passed in Mandabai d/o Vishnu Gaikwad (supra), Division Bench of this Court has observed thus; “2. The Petitioners in both the petitions are real sisters. They had submitted proposal for validation of caste certiicates of caste -Thakar scheduled tribe. Same is invalidated. Mr. Sushant Yeramwar, learned counsel for the Petitioners submits that 6 paternal relatives of the Petitioners were issued the certiicate of Thakar scheduled Tribe. Relationship of the Petitioners with these relatives is cousins, validity of which is not disputed by the Committee. The contra entries, which are shown are not shown in respect of the paternal relatives of the Petitioners and the 2 of 5 11-WP-2293-2020.doc same is conirmed by the Vigilance squad in its report. Reasons for not considering the validity of the caste certiicates of the cousins is not discussed. Learned counsel for the Petitioners has relied upon the decision of the Division Bench of this Court in Apoorva d/o Vinay Nichale vs. Divisional Caste Scrutiny Committee and Ors., 2010 (6) Mh.L.J. 401. 3. Learned AGP submits that the validity reports in respect of the paternal relatives of the Petitioners were issued without making a thorough enquiry. Same has been considered by the Committee. The Petitioners have failed in ainity test. 4. Upon perusal of the judgment of the Committee, it appears that one of reasons for rejection of validity is failure of the Petitioners in ainity test. 5. The Division Bench of this Court in Apoorva (supra) has observed that validity certiicate issued to the paternal relatives is a relevant fact. In Anand vs. Committee for Scrutiny and Veriication of Tribe Claim, (2012) 1 SCC 113 the Apex Court has held that the ainity test is not the litmus test. In the present case, pre-constitutional documents of the paternal cousins of the Petitioners are of the year 1932, which records caste of Thakar. So also in the school records of real uncles of the Petitioners pertaining to the year 1933 caste is recorded as Thakar. Birth extracts of the Petitioners’ father also records the caste as Thakar. Not a single contra entry is pointed out in respect of the Petitioners’ forefathers or paternal relatives. 3 of 5 11-WP-2293-2020.doc 6. In the light of the above, the impugned judgments are quashed and set aside. The Committee shall issue the validity certiicate of Thakar Scheduled Tribe to the Petitioners immediately”. 6. The petitioners are the real brother and sister of Mandabai and Sangitabai in whose favour this Court in Writ Petition No.6464 of 2022 and Writ Petition No.8739 of 2022 has decided and directed the Caste Scrutiny Committee to issue the Caste Validity Certiicate as belonging to the “Thakar Scheduled Tribe”. It may be on the basis of materials available then that the Caste Scrutiny Committee has invalidated caste claim of the petitioners. However, in view of the subsequent developments, more so, this Court has set aside the orders of the Caste Scrutiny Committee invalidating the caste claims of the real sisters of the petitioners and issued directions for grant of Validity Certiicate as “Thakar Scheduled Tribe” in favour of the petitioners’ real sisters in the afore quoted decision, these petitions deserve to succeed. 7. We ind that there is no dispute that Mandabai as well as Sangitabai who were the petitioners in Writ Petition No.6464 of 2022 and Writ Petition No.8739 of 2022 are the real sisters of the petitioners. In fact, even in the aidavit at page 82 of the paper book iled by Sangitabai, the names of the petitioners are relected. We have no hesitation in allowing the present writ petition. The 4 of 5 11-WP-2293-2020.doc impugned order is, therefore, quashed and set aside. The Caste Scrutiny Committee is directed to issue Validity Certiicate of “Thakar Scheduled Tribe” to the petitioners immediately. 8. The Writ Petition stands allowed. Rule is made absolute. No costs. 9. In case, the Caste Scrutiny Committee issues a show cause notice to the blood relatives of the petitioners for revocation of the Caste Certiicate on any grounds permissible and if such Caste Validity Certiicate is revoked, consequences so far as the caste claim of the petitioners shall also follow. 10. Keeping this liberty open, the Petition is disposed of. [AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.] 5 of 5