INGLE 19-wp-1699-21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1699 OF 2021 Sandesh Nanaji Gangurde … Petitioner V/s. State of Maharashtra and ors. … Respondents Mr. R.K. Mendadkar a/w Mr. Siddhant Sawai, Ms. Prajakta Pashte, for the Petitioner. Mr. N.C. Walimbe, Add. GP a/w Mr. Ketan Joshi ‘B’ Panel, for the Respondent-State. CORAM : M.S. KARNIK AND S.M.MODAK, JJ. DATE : 8th JANUARY 2026 ORAL ORDER (M.S.KARNIK, J.) :- 1. Heard Mr. Mendadkar, learned counsel for the Petitioner and Mr. Walimbe, learned Addl. GP appearing for the Respondent-State. 2. Mr. Walimbe learned Addl. GP vehemently opposes the Petition. 3. The challenge in this Petition is to the invalidation of the caste claim of the Petitioner as belonging to ‘Koli Mahadev, Scheduled Tribe’. Inviting our attention to the impugned order, which according to learned AGP is a well reasoned order, it is submitted that Caste Validity Certificate of the Petitioner’s father which is at page no. 48 of the paper-book and that of the Petitioner’s blood brother which is at page 49 of the paper-book were granted on the basis of some misconception as seen from the reasons 1/5 URMILA PRAMOD INGALE Digitally signed by URMILA PRAMOD INGALE Date: 2026.01.09 13:09:32 +0530 INGLE 19-wp-1699-21.doc mentioned in the impugned order. As a matter of fact, the Certificates of Validity issued in favour of the Petitioner’s father as well as his brother are still in force. The Scrutiny Committee has not issued any notice to the Petitioner’s father or his brother questioning the grant of Certificates of Validity on the ground of fraud/misrepresentation or any other permissible ground. 4. In such a view of the matter, having issued Certificates of Validity in favour of the Petitioner’s father and brother as belonging ‘Koli Mahadev, Scheduled Tribe’, there was no reason to deprive the Petitioner of the benefit of the claim for grant of Certificate of Validity. 5. We draw support from the observations of the Hon’ble Supreme Court in the case of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and ors.1 , in particular paragraph 24 which reads thus : “24. We can also contemplate one more scenario which is found in many cases. These are the cases where the applicant relies upon caste vsalidity certificates issued to his blood relatives. Obviously, such a validity certificate has to be issued either by the Scrutiny Committee constituted in terms of the directions issued in Madhuri Patil Vs. Commissioner, Tribal Development (1994) 6 SCC 241 or constituted under the Rules framed under the 2000 Act. In such a case, firstly, the Scrutiny Committee must ascertain whether the certificate is genuine. Secondly, the Scrutiny Committee will have to decide whether the applicant 1 (2023) 16 SCC 415 2/5 INGLE 19-wp-1699-21.doc has established that the person to whom the validity certificate relied upon by him has been issued is his blood relative. For that purpose, the applicant must establish his precise and exact relationship with the person to whom the validity certificate has been granted. Moreover, an enquiry will have to be made by the Scrutiny Committee whether the validity certificate has been granted to the blood relative of the applicant by the Scrutiny Committee concerned after holding due enquiry and following due procedure.” 6. This Court in Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and others2 in paragraph 4 observed thus : “We have considered the matter and we are of the view that the petitioner's caste claim that she belongs to Kanjar Bhat- Nomadic Tribe ought to have been accepted by the Committee merely on the basis that identical caste claim of her sister that she belongs to Kanjar Bhat has been allowed by the Committee, even apart from the Government Resolution. We are of the opinion that the guidelines provided by the said Govt. Resolution are sound and based on sound principles. It would indeed be chaotic otherwise. If the relationship by blood is established or not doubted, and one such relative has been confirmed as belonging to a particular caste, there is no reason why public time or money should be spent in the committee testing the same evidence and making the same conclusion unless of course the Committee finds on the evidence that the validity of the certificate of such relation has been obtained by fraud. “ 7. The relationship of the Petitioner with his father or with his blood brother is not in dispute and the genealogy to that extent has been 2 2010 (6) Mh.L.J. 401 3/5 INGLE 19-wp-1699-21.doc established before the Scrutiny Committee. That the Certificate is genuine and also not in dispute. Further there is nothing on record to indicate that the said Certificates were granted to the concerned without holding enquiry and following due procedure. Thus, we find that Certificate of Validity as belonging to the ‘Koli Mahadev, Scheduled Tribe’ having been issued in favour of the close blood relatives of the Petitioner, even the Petitioner is entitled to have his caste claim validated by the Scrutiny Committee. The Writ Petition is therefore allowed in terms of prayer clauses (a) & (b). 8. The Certificate of Validity be issued expeditiously as belonging to ‘Koli Mahadev, Scheduled Tribe’ and in any case, within a period of 6 weeks from the date of communication of this order. 9. Needless to mention that it is open for the Scrutiny Committee to proceed against Caste Validity Certificates of the concerned blood relatives on the ground permissible in accordance with law. The issuance of the Caste Validity Certificate to the Petitioner shall obviously be subject to the outcome of the decision of the Scrutiny Committee in respect of caste validity claim of the concerned blood relatives. 10. In case if any adverse order is passed in respect of such Certificates of Validity issued to the close blood relatives, obviously, the same consequences will follow as regards the Certificate of Validity which is granted to the Petitioner. 4/5 INGLE 19-wp-1699-21.doc 11. Reserving the said liberty, the Writ Petition is disposed of in the above terms. (S.M.MODAK, J.) (M.S. KARNIK, J.) 5/5