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2026 DAILYLAW 3230 (BOM)

SAPNA GANESH SADARAV AND ANR v. THE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

WP/4584/2026 · 2026-08-14

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Judgment text

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1 28-wp 4584-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4584 OF 2026 Sapna Ganesh Sadarav And Another .. Petitioners Versus The State Of Maharashtra Through Secretary And Others .. Respondents Mr. Dhananjay B. Thoke, Advocate for Petitioners (Through V.C.). Mr. S. R. Yadav-Lonikar, AGP for Respondent Nos. 1 to 3. CORAM : KISHORE C. SANT AND JITENDRA JAIN, JJ. DATE : 14th AUGUST, 2026. PER COURT :- 1. Heard for some time. 2. The petitioner’s tribe claim as belonging to ‘Tokre Koli’ is negatived by the members of the Scheduled Tribe Certificate Scrutiny Committee, Dhule by judgment and order dated 18.03.2026. The main reason for invalidating the tribe claim is that the entry in the name of great grandfather of the petitioners in the school record of 1943 appears to be suspicious. Further ground is that caste of all other relatives i.e. great grand uncle is shown to be Koli since 1926. 2026:BHC-AUG:36723-DB 2 28-wp 4584-2026.odt 3. The learned advocate Mr. Thoke for the petitioners vehemently argued that, in fact, when the entry of great grandfather shown the tribe as ‘Tokre Koli’, there is no reason to go to the entries of other relatives. The entry in the name of great grandfather is of 1943 from the school record. He further submits that merely on suspicion the committee cannot decide the tribe claim of the petitioners. At last, he submits that at the most the case need be remanded. 4. The learned A.G.P. vehemently opposes the petition. He submits that in the entire record, there is only one entry in the name of great grandfather of the school. There are no entries even of the father of the petitioner and of the grandfather of the petitioner showing that they have attended the school. In this view of the fact, it is highly improbable that his grandfather whose record is available. He thus opposes the prayer for remand. 5. It transpires during the course of hearing that the entry in the name of great grandfather in the year 1943 is not personally verified by the vigilance officer. This Court finds that, it was necessary for the vigilance officer to personally verify the entry and it is only thereafter to arrive at some conclusion since the 3 28-wp 4584-2026.odt entry is in respect of great grandfather. When there is entry in the name of great grandfather, this Court, therefore, remands the matter back to the scrutiny committee for fresh inquiry. The vigilance officer to specifically visit the school shown to have been attended by the great grandfather and to verify the entries personally and to submit the report. The matter is remanded back only to that extent. The scrutiny committee to decide the tribe claim of the petitioners within six months from today. 6. With this, the writ petition stands disposed of. 7. Needless to say that, after vigilance cell’s report is received, the petitioners will be at liberty to submit their say on the said report. ( JITENDRA JAIN, J.) ( KISHORE C. SANT, J. ) P.S.B.