Judgment 4 wp1992.26.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR WRIT PETITION NO.1992 OF 2026 Laxmi Bhagwat Khandare, aged about 22 years, occupation – service, r/o Lakhani, taluka Lakhani & district Bhandara. ….. Petitioner. :: V E R S U S :: 1. State of Maharashtra, through its Secretary, General Administration Department, Mantralaya, Mumbai-32. 2. The Sub Divisional Officer, Washim, taluka and district Washim. 3. Department of Post, through Assistant Superintendent of Post, Bhandara South Sub Division, Bhandara – 441 904. ….. Respondents. ====================================== Ms R.S.Kabra, Counsel for the Petitioner. Mrs.H.N.Jaipurkar, Assistant Government Pleader for Respondent Nos.1 & 2. Mrs.Mugdha Chandurkar, Counsel for Respondent No.3. ====================================== CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATE : 10/09/2026 JUDGMENT : (Per : URMILA JOSHI-PHALKE) .....1/- 2026:BHC-NAG:12198-DB Judgment 4 wp1992.26.odt 2 1. Heard learned counsel Ms R.S.Kabra for the petitioner; learned Assistant Government Pleader Mrs.H.N.Jaipurkar for respondent Nos.1 and 2; and learned counsel Mrs.Mugdha Chandurkar for respondent No.3. Rule. Rule made returnable forthwith. Heard finally by consent. 2. By this petition, the petitioner seeks directions to respondent No.2/The Sub Divisional Officer, Washim to issue Caste Certificate in her favour belonging to caste “Koli Mahadev” falling under the Scheduled Tribe Category. 3. As per contentions of the petitioner, on 1.4.2021, she has procured Caste Certificate of the State of Maharashtra for Ordinary Residence of Maharashtra. As she came across provisional engagement by the Department of Post, Government of India, she applied for the same to be provisionally engaged as GDS BPM under the Scheduled Tribe Category. On 15.10.2023, she applied for Caste Certificate of the Central Government and acknowledgment receipt was generated. As she was professionally engaged with the Central Government resulted into seeking Central Caste Certificate and, .....2/- Judgment 4 wp1992.26.odt 3 therefore, the Department of Post sought for Central Caste Certificate from her. On 8.2.2024, respondent No.2/The Sub Divisional Officer, Washim passed an order rejecting her application for issuance of Caste Certificate on the ground that she has not procured pre- constitutional era documents and, therefore, she approached this court. 4. Learned counsel for the petitioner submits that the petitions seeks a direction to respondent No.2/The Sub Divisional Officer, Washim to issue Caste Certificate as the said Authority has rejected the application only on the ground that pre-constitutional documents are not produced. She submits that it is not requirement of the law. As far as requirement of production of pre-constitutional documents is concerned, it is required for validation and not for obtaining Caste Certificates. She submits that this court in catena of decisions has considered this aspect. She has relied upon the decision in Writ Petition No.3697/2026 (Rushikesh Sanjay Zaskar vs. State of Mah., thr.its Secretary, General Administrative Department, Mumbai-32 and .....3/- Judgment 4 wp1992.26.odt 4 anr) decided on 4.5.2026 and submitted that this court, in the said decision has already referred The Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and Rules 2003 and has already observed in Writ Petition No.2595/2026 and by relying upon earlier decision of this court in Writ Petition No.7787/2025 (Darshana Vinayak Jumale vs. The Scheduled Tribe Caste Certificate Scrutiny Committee and anr), held that requirement of production of pre-constitutional documents is not there and thereby granted prayer of petitioner therein and, therefore, in view of the said decision, the petitioner is entitled to be issued Caste Certificate even in absence of pre-constitutional documents. 5. Per contra, learned Assistant Government Pleader for respondent Nos.1 and 2 has strongly opposed the said contentions and submitted that as per procedure, documents during pre- .....4/- Judgment 4 wp1992.26.odt 5 constitutional era showing that the petitioner belongs to “Koli Mahadev” require to be produced, which are not produced. She also invites our attention to Sections 3 and 4 and Rules 3(3) clause(b) and 4(3) of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and submitted that in view of Rule 3(3) clause(b), documentary evidence in regard to the Scheduled Tribe and ordinary place of residence prior to the date of Notification of such Scheduled Tribe is required. She also submits that procedure requires to be followed by a Competent Authority is stated in Rule 4 and in view of that, respondent No.2/The Sub Divisional Officer, Washim has passed the order and, therefore, the writ petition being devoid of merits is liable to be dismissed. 6. We have heard rival submissions. This court has already considered this aspect in catena of decisions. .....5/- Judgment 4 wp1992.26.odt 6 7. Learned counsel for the petitioner has rightly placed reliance on the decision in the case of Rushikesh Sanjay Zaskar vs. State of Mah., thr.its Secretary, General Administrative Department, Mumbai- 32 and anr (supra) wherein earlier decisions were considered by this court. Therefore, we are hardly impressed by contentions raised by learned Assistant Government Pleader for respondent Nos.1 and 2. 8. The requirement is that, if a citizen, like the petitioner, makes an application to the Sub Divisional Officer, it is the Sub Divisional Officer who has to satisfy himself that documents submitted by the petitioner for obtaining Caste Certificate are enough in view of the said Act and Rules thereunder. This court has also considered earlier decisions in Writ Petition No.2595/2026 (Bhushan Purushottam Juwar vs. State of Maharashtra and anr) and Writ Petition No.7787/2025 (supra). 9. In Writ Petition No.7787/2025, this court has already observed that, “there is no such settled law mandating the .....6/- Judgment 4 wp1992.26.odt 7 petitioner/claimant to have pre-constitutional documents to support their caste claim…. The issue before them was of issuance of Caste Certificate and not of validation of the Caste Claim under the The Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.” 10. The similar observations are made in Writ Petition No.7863/2025 (Jay Vilas Ghate vs. State of Maharashtra and anr) decided on 10.12.2025 that, “there is no such mandatory requirement under the The Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 for production of pre-constitutional documents, more particularly when the father and the grandfather of the petitioner have been issued the Caste Certificates of ‘Koli-Mahadev’ (Scheduled Tribe). .....7/- Judgment 4 wp1992.26.odt 8 11. In view of the above observations and the petitioner in the present case was already granted Caste Certificate showing she belongs to “Koli Mahadev” on 23.9.2021, we have no reason to take a different view and, therefore, we are of a considered opinion that the present writ petition deserves to be allowed. Accordingly, we proceed to pass following order: ORDER (1) The writ petition is allowed. (2) The order impugned in the petition dated 8.2.2024 passed by respondent No.2/The Sub Divisional Officer, Washim is hereby quashed and set aside. (3) The respondent No.2/The Sub Divisional Officer, Washim is directed to issue Caste Certificate of “Kali Mahadev Scheduled Tribe” in favour of the petitioner within a period of six weeks from the date of receipt of order of this court on the basis of documents required under The Maharashtra Scheduled Castes, Scheduled Tribes, De- Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward .....8/- Judgment 4 wp1992.26.odt 9 Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and Rules 2003. Petition stands disposed of. Rule is made absolute in the aforesaid terms. No costs. JUDGE JUDGE !! BrWankhede !! .....9/- Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 15/09/2026 17:18:10