914-WP-8530-2026-F.doc Shubham Chavan Vs. State IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8530 OF 2026 Shubham Santosh Chavan ...Petitioner V/s. The State of Maharashtra and Ors. ...Respondents _______________________________________ Ms. B. R. Mangale, for the Petitioner. Mr. V. G. Badgujar, AGP, for Respondent Nos. 1 & 2-State. _______________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ. DATE : 10th JULY 2026 ORDER: 1. Rule. Rule made returnable forthwith, heard by consent of parties. 2. By this Petition, the Petitioner is seeking a direction to Respondent No. 2 – Scrutiny Committee, to forthwith withdraw and cancel the impugned order dated 12th June 2026 in Case No. Caste/Edu/12th/Pune/358/2018. In the Petition, the Petitioner has also sought a declaration that he belongs to the Thakar Schedule Tribe category. 3. The Petitioner had preferred an Application to Respondent No. 2 – Scrutiny Committee for verification and scrutiny of the Tribe Certificate claimed by the Petitioner vide Application dated 11th January 2020. The Petitioner had also submitted documentary evidence in support of his Application. 4. Respondent No. 2 – Scrutiny Committee, vide order dated 20th April 2022 cancelled the Tribe Certificate of the Petitioner. Accordingly, the Petitioner had filed a previous Writ Petition in this Court, being Writ Petition No. 11224 ------------------------------------- Order dated 10th July 2026 AMOL PREMNATH JADHAV Digitally signed by AMOL PREMNATH JADHAV Date: 2026.07.14 18:30:01 +0530 914-WP-8530-2026-F.doc Shubham Chavan Vs. State of 2023 seeking quashing and setting aside of the order of Respondent No. 2 – Scrutiny Committee, dated 20th April 2022. 5. This Court, by an order dated 29th September 2025 had set aside the impugned order therein and remanded the matter back to Respondent No. 2 – Scrutiny Committee, to pass appropriate orders afresh, keeping in mind, the view expressed by this Court in the case of the brother of the Petitioner, namely, Onkar Santosh Chavan and also the principles laid down in Apoorva Vinay Nichale Vs. Divisional Caste Scrutiny Committee1. 6. Upon remand, Respondent No. 2 – Scrutiny Committee after taking on record the written arguments of the Petitioner and closing the matter for orders in May 2026, passed the impugned order dated 12th June 2026 and once again cancelled the Tribe Certificate of the Petitioner. Hence, the Petitioner was constrained to file the second round of litigation viz. this Writ Petition. 7. Mr. Mangale, learned counsel appearing for the Petitioner has placed reliance on the order dated 25th January 2021 passed in Writ Petition (ST) No. 23349 of 2019, filed by the Petitioner’s brother, namely, Onkar Santosh Chavan. By the said order, this Court upon consideration of the judgment of this Court in the case of Apoorva Vinay Nichale (supra) had directed the Scrutiny Committee to issue the requisite Tribe Validity Certificate to the Petitioner's brother after setting aside the earlier rejection orders passed by the Scrutiny Committee. He has submitted that the said order dated 25th January 2021 would clearly apply in the present case. 8. Mr. Mangale has further placed reliance upon the order of remand dated 29th September 2025 in the present case, wherein the earlier order of the Scrutiny Committee had been set aside on the ground that the Scrutiny Committee had not considered the said order dated 25th January 2021 passed in the Petitioner’s brother’s said Writ Petition. He submits that despite such express directions, 1 2010 SCC OnLine Bom 1053 ------------------------------------- Order dated 10th July 2026 914-WP-8530-2026-F.doc Shubham Chavan Vs. State the said order dated 25th January 2021 has not been considered. 9. Further, Mr. Mangale has submitted that the order dated 12th June 2026 passed by Respondent No. 2 – Scrutiny Committee which is impugned herein, has, without complying with the directions of this Court vide order dated 29th September 2025 rejected the Petitioner’s tribal claim. He has accordingly sought for the impugned order dated 12th June 2026 to be set aside. 10. The learned AGP appearing for Respondents has submitted to the orders of this Court. 11. We have considered the submissions, and find merit in the submissions of the Petitioner. In the Petitioner’s brother’s Writ Petition (St) No. 23349 of 2019, this Court had directed the Scrutiny Committee to issue the Tribe Validity Certificate to the Petitioner’s brother namely, Onkar Santosh Chavan. Having done so, this order would clearly be applicable in the Petitioner’s case, particularly in view of the law laid down by this Court in Apoorva Vinay Nichale (supra). Respondent No 2 – Scrutiny Committee, has failed to adhere to the directions of this Court in the present Petitioner’s first round of litigation namely, order dated 29th September 2025 passed in Writ Petition No. 11224 of 2023 which had directed Respondent No. 2 – Scrutiny Committee to pass appropriate orders afresh, keeping in mind the view expressed by this Court in case of the Petitioner's brother’s Writ Petition as well as the principles laid down in Apoorva Vinay Nichale (supra). 12. The order of the Respondent No. 2 – Scrutiny Committee dated 12th June 2026 impugned in this present Petition has clearly been passed without adhering to the directions of this Court in the said order dated 29th September 2025. In the impugned order there is no discussion whatsoever about the order dated 25th January 2021 and the issuance of the Tribe Validity Certificate to the Petitioner’s brother. We, accordingly, find that the reasons for rejection of the Tribe validity claim of the Petitioner given in the impugned order are ------------------------------------- Order dated 10th July 2026 914-WP-8530-2026-F.doc Shubham Chavan Vs. State unsustainable particularly having due regard to the fact that pursuant to an order passed by this Court, a Tribe Validity Certificate has already been issued to the Petitioner's brother namely, Onkar Santosh Chavan. 13. In Apoorva Vinay Nichale (supra), this Court has held that matters pertaining to validity of caste have a great impact on the candidate as well as on the future generations in diverse matters ranging from marriage to education and enjoyment and therefore where a committee has already given a finding about the validity of a caste of a candidate, another committee ought not to refuse the same status to a blood relative. This Court has further held that a mere different view on the same set of facts would not entitle the committee dealing with the subsequent caste claim to reject it unless of course, it is of the view that the earlier certificate is obtained by fraud, in which case the subsequent committee would not be bound by the earlier caste validity certificate and would be entitled to refuse the caste claim whilst also initiating proceedings for cancellation of the earlier order. In the present case, the Tribe Validity Certificate was granted to the Petitioner’s brother pursuant to the order dated 25th January 2021 passed by this Court and it is not the case of Respondent No. 2 – Scrutiny Committee that there was any fraud involved in the said matter. 14. Accordingly, we set aside the impugned order dated 12th June 2026 passed by Respondent No. 2 – Scrutiny Committee and direct Respondent No. 2 - Scrutiny Committee to issue the Tribe Validity Certificate to the Petitioner as belonging to the Thakar, Schedule Tribe category within a period of one week from the uploading of this order. 15. The Petition is accordingly disposed of. ( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) Amol ------------------------------------- Order dated 10th July 2026