Bombay High Court
MUNJA VAIJENATH NIRDEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
Certificates not issued in the prescribed Form C must be re‑issued in the correct format naming the caste as “Koli Mahadev”.
Summary
The petitioners, Munja Vaijenath Nirde and Pandurang Bhagwat Nirde, challenged caste certificates issued to them that listed their community as “Mahadev Koli” instead of the prescribed “Koli Mahadev” and were not in the statutory Form C format under the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003. They sought fresh certificates in the correct format. The Court referred to its earlier decision in Samadhan Balaji Chunche v. State of Maharashtra (Writ Petition No. 7113 of 2024), which dealt with a similar formatting defect. Relying on that precedent, the Court directed the Sub‑Divisional Officer, Majalgaon, to re‑issue the certificates in Form C naming the caste as “Koli Mahadev” within one month. Consequently, both writ petitions were disposed of with the relief granted.
Issues considered
- Whether a caste certificate not issued in the prescribed Form C is valid for the purpose of claiming Scheduled Tribe status.
- Whether the petitioners are entitled to have fresh certificates issued in the correct format.
- Whether the earlier judgment in Samadhan Balaji Chunche v. State of Maharashtra is binding on the present petitions.
Legislation cited
Subjects
- caste certificate
- Form C
- Scheduled Tribes
- Maharashtra
- writ petition
- administrative law
- certificate issuance
Judgment
2026:BHC-AUG:37610-DB
915-WP.10292.2026 & 916-WP10314.2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 WRIT PETITION NO. 10292 OF 2026
Munja Vaijenath Nirde
VERSUS
The State of Maharashtra And Another
...
Mr. Sunil M. Vibhute, Advocate for the Petitioner.
Mr. P. S. Patil, AGP for Respondent Nos.1 & 2.
...
AND
916 WRIT PETITION NO. 10314 OF 2026
Pandurang Bhagwat Nirde
VERSUS
The State of Maharashtra And Another
...
Mr. Sunil M. Vibhute, Advocate for the Petitioner.
Mr. P. K. Lakhotiya, AGP for Respondent Nos.1 & 2.
...
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 19th AUGUST, 2026
PER COURT :
1. The petitioners have approached this Court, being aggrieved of
the fact that though the caste certificates have been issued in their
favour as belonging to “Koli Mahadev”, in caste certificates which
they obtained it is shown as “Mahadev Koli”. The certificates are thus
not in proper format i.e. Form C. In Form C is a format given under
the Maharashtra Scheduled Tribes (Regulation of Issuance and
Verification of) Certificate Rules, 2003.
Sayyed 1/2
915-WP.10292.2026 & 916-WP10314.2026.doc
2. Learned counsel for the petitioners relies upon the order dated
11.07.2024 passed in Writ Petition No.7113 of 2024 in the case of
Samadhan Balaji Chunche vs. The State of Maharasthra & Ors. ,
wherein similar issue was involved. We find the present petitions can
be disposed of in view of the above order dated 11.07.2024 passed in
Writ Petition No.7113 of 2024.
3. Respondent No.2-SDO, Majalgaon is directed to issue fresh
certificates in Form C by mentioning the caste of the petitioners as
“Koli Mahadev” upon being satisfied about issuance of the earlier
certificates within one month from today.
4. Both petitions stand disposed off.
(JITENDRA JAIN, J.) (KISHORE C. SANT, J.)
Sayyed 2/2
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