JYOTI D/O JALINDAR GIAKWADversusTHE STATE OF MAHARASHTRA THR. SECRETARY AND ORS

                                                            7-WP-10505-2022.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION
                WRIT PETITION NO. 10505 OF 2022
Jyoti D/o Jalindar Gaikwad                    .....Petitioner
            Versus
The State of Maharashtra and Ors.                        .....Respondents
                                .....
Mr. Anil V. Anturkar, Senior Advocate a/w Mr. Atharva Date, for the
Petitioner.
Mr. A. I. Patel, Addl. G. P. a/w Ms. N. M. Mehra, A.G.P., for the
Respondent-State.
Mr. Sandeep R. Waghmare, for the Respondent No.3.
                               ..…
                          CORAM : M. S. KARNIK &
                                    SANDESH D. PATIL, JJ.
                                      DATE   : 10th SEPTEMBER 2026
P.C.:-

1.        Heard Mr. Anil V. Anturkar, learned Senior Advocate for the

Petitioner.


2.        Heard Mr. A. I. Patel, Addl. G. P., for the Respondent-State who

opposed the Petition.


3.        On 3rd September, 2026, we passed the following Order:


          1.  We have heard Mr. Anturkar, learned Senior
          Advocate for the Petitioner.

          2. It is submission of Mr. Anturkar that the Petitioner's
          real sister namely, Yogita has been issued a certificate of

Manisha                                                                   1/4
                Digitally signed by
MANISHA         MANISHA
                BALKRISHNA
BALKRISHNA      TALEKAR
TALEKAR         Date: 2026.09.11
                13:14:03 +0530
                                                               7-WP-10505-2022.doc


          validity by the Caste Scrutiny Committee. The said
          certificate of validity is valid and subsisting. It is further
          submitted that no notice has been issued to Yogita by the
          Caste Scrutiny Committee for cancellation of such
          certificate. The reason why the Petitioner's caste claim
          has been rejected by the Caste Scrutiny Committee is
          that Yogita's validity certificate was granted without a
          report of the Vigilance Cell. The learned Senior Advocate
          Mr. Anturkar relied upon the decision in Maharashtra
          Adiwasi Thakur Jamat Swarakshan Samiti V/s. State of
          Maharashtra in Civil Appeal No. 2502 of 2022 and
          reported in (2023) 16 SCC 415. Paragraph 33 is relevant
          reading thus:

               "33. Hence, in view of the fact that the 2000 Act
               and Rules were no considered, the decision in
               Vijakumar is certainly not a binding precedent
               for the proposition that in every case, the
               Scrutiny Committee is required to take recourse
               to the affinity test by referring the case to the
               vigilance cell."

          3. It is submission of Mr. Anturkar, learned Senior
          Advocate that once the close blood relative of the
          Petitioner has been issued with the certificate of validity,
          which is valid and subsisting, there is no reason to deny
          the same benefit to the Petitioner, moreso, for the
          reasons so mentioned in the impugned order.

          4. The learned AGP seeks some time to come better
          prepared and make submissions.

           5. List the Petition on 10th September, 2026 Part-
           heard.

4.        Learned Addl. G. P. submits that a Show Cause Notice has been

issued in the case of Yogita Jalindar Gaikwad who is the real sister of



Manisha                                                                      2/4
                                                        7-WP-10505-2022.doc


the Petitioner as to why her Caste Certificate should not be cancelled.

However, the said Show Cause Notice has not yet been taken to its

logical conclusion. Subject to any legal impediment, it is obviously

open for the Caste Scrutiny Committee to take the Show Cause

Notice to its logical conclusion in accordance with law. We are not

commenting anything so far as the merits or otherwise on the Show

Cause Notice issued is concerned. Suffice it to observe that Yogita

Jalindar Gaikwad had already been issued with a Certificate of

Validity as belonging to Thakar Scheduled Tribe. If that is so, in view

of the decision of the Hon’ble Supreme Court in Apoorva d/o Vinay

Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and

Ors.1 the Petitioner-Jyoti Jalindar Gaikwad who is the real sister of

Yogita Jalindar Gaikwad, being a close blood relative, is also entitled

to have her Caste claim validated as belonging to the Thakar

Scheduled Tribe. Hence, the following Order:


                                   ORDER


       (i)     The impugned Order dated 1st August, 2022 passed by

       the Respondent No.2-The Scheduled Tribes Certificate Scrutiny

       Committee, Pune Division, Pune is quashed and set aside.

1   (2010) SSC Online Bom 1053

Manisha                                                               3/4
                                                       7-WP-10505-2022.doc


      (ii)    The Respondent No.2 is directed to issue Certificate of

      Validity to Petitioner-Jyoti Jalindar Gaikwad as belonging to

      Thakar Scheduled Tribe within a period of six weeks from today.


      (iii)   It is however, made clear that, the Caste Scrutiny

      Committee may proceed with the adjudication of the Show

      Cause Notice issued to Yogita Jalindar Gaikwad and if at all any

      decision thereon is taken, the same consequences will ensue

      even in so far as the present Petitioner- Jyoti Jalindar Gaikwad

      is concerned.


      (iv)    In view of above, Writ Petition No.10505 of 2022 stands

      disposed of.




(SANDESH D. PATIL, J.)                            (M. S. KARNIK, J.)




Manisha                                                              4/4