1 13 wp no.7435.24.odt..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.7435 OF 2024 Shital D/o Jaysing Janume .Vs. Committee of Scrutiny of Schedule Tribe Certificate, Yavatmal thr. Its Dy. Director & Member Secretary and ors. __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. S.R. Kuddatwar, Advocate for the petitioner. Mr V.A. Thakre, AGP for the respondent/State. CORAM : URMILA JOSHI PHALKE & RAJ D. WAKODE, J.J. DATED : 08.10.2026. Heard learned counsel for the petitioner. 2. Learned counsel for the petitioner submitted that the petitioner has challenged the impugned order dated 21.11.2024 passed by respondent No.1/Committee i.e. Scrutiny of Schedule Tribe Certificate Committee, Yavatmal invalidating the case claim of the present petitioner. 3. As per contention of the petitioner, she was appointed to the post of GDS ABPM/Dak Sevak in the office of respondent No.2 i.e. Post Department. The petitioner belongs to the “Naikda” Community. Her caste claim was forwarded to the Committee for verification of the Schedule Tribe Amravati. After the establishment of new Committee in Yavatmal, the claim was transferred to the Committee at Yavatmal. Despite the petitioner submitted the pre 2026:BHC-NAG:13608-DB 2 13 wp no.7435.24.odt..odt independence documents which are having highest probative value, the Committee-respondent No.1 has invalided the caste claim of the present petitioner and hence the present petitioner challenges the said order before this Court. 4. Learned counsel for the petitioner taken us through the entire documents and submitted that the burden on the petitioner to prove the caste claim. He also invited our attention towards the circular issued by the State of Maharashtra. The petitioner relied upon the copy of the report submitted by the Social Welfare Officer, Buldana wherein he has made a thorough enquiry regarding the culture of the Naikda community as well as whether they are having any connection with other communities like Vanjari and Banjara and he opined that the Naikda community has no connection with the Vanjari and Banjara but some incorrect entries are taken previously by the police patil Kotwal etc. 5. Learned counsel for the petitioner submitted that the said report was not placed by the petitioner before the Committee and that he had also not submitted any reply to the show-cause notice. He, therefore, prayed that an opportunity be granted to the petitioner to submit her reply to the show-cause notice and place the said report before the Committee for its consideration. 6. Learned AGP submitted that, upon receipt of the Vigilance Report, a show-cause notice was issued to the petitioner in view of the contrary entries reflected therein. 3 13 wp no.7435.24.odt..odt However, the petitioner failed to respond to the said notice. Though learned AGP strongly opposed the petitioner's request, he alternatively submitted that he would have no objection if the matter is remitted to the Committee for fresh consideration, with a direction to consider the Vigilance Report as well as the reply, if any, filed by the petitioner, and to take an appropriate decision in accordance with law. 7. Considering the fact that the petitioner has already placed reliance on the pre independence entries showing that her forefathers belongs to the “Naikda” community and there are entries to that effect. At the same time during vigilance, the Vigilance Officer has collected entries which are showing contrary to the pre independence document and therefore, show cause notice was issued to the petitioner. However, the petitioner has not replied the same as well as petitioner has not placed the report of the Welfare Officer before the Committee. Therefore, the opportunity is required to be granted to the present petitioner. 8. Learned AGP has also pointed out that present petitioner has also not placed before the Committee his original caste certificate. 9. Considering the above facts and to grant one more opportunity to present petitioner to establish her caste claim we direct present petitioner to remain present before the Committee on 22.10.2026 along with relevant documents including the report of the Social Welfare Officer. 4 13 wp no.7435.24.odt..odt 10. Accordingly, we remand the matter to the Scrutiny Committee of Scheduled Tribe Certificate Yavatmal. We also direct the Committee to reconsider the report as well as pre independence documents relied upon by the petitioner and decide the caste claim of the petitioner afresh. 11. With these directions petition is disposed of. [RAJ D. WAKODE, J] [URMILA JOSHI PHALKE, J.] manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 12/10/2026 12:32:40