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Bombay High Court

WP/10905/2004 of KU. PUSHPASHILA PUNJABRAO BHUYAR Vs

Decided
Disposal
Disposed Off

Holding

The Scrutiny Committee's order invalidating the petitioner's caste claim is set aside, and the petitioner is entitled to a validity certificate as a member of the Thakur Scheduled Tribe.

Summary

The petitioner, Ku. Pushpashila, challenged a 2004 order of the Scheduled Tribe Caste Scrutiny Committee that invalidated her claim to belong to the ‘Thakur’ Scheduled Tribe. She relied on a 2023 High Court decision (Writ Petition No.929 of 2018) which held that validity certificates of close blood relatives and the totality of documentary evidence could establish tribe status, and that a vigilance report could not be the sole basis for rejection. The State argued that a review petition had been filed by a relative who had withdrawn his claim, and that the earlier decision could be revisited. The Court noted that the Supreme Court had ruled that affinity requirements must be examined in the context of all evidence, and that the earlier High Court judgment remained binding unless successfully reviewed. Consequently, the Court set aside the 2004 order and directed the Scrutiny Committee to issue a validity certificate to the petitioner within six weeks, while leaving the matter open to any future review by the State.

Issues considered

  • Whether the Scrutiny Committee erred in invalidating the petitioner's caste claim without considering the validity certificates of her blood relatives.
  • Whether the vigilance cell report can be treated as conclusive evidence against the petitioner's tribe status.
  • Whether the Supreme Court's decision on affinity requirements applies to the present case.
  • Whether the petitioner is entitled to a validity certificate as a member of the Thakur Scheduled Tribe.

Subjects

  • caste certificate
  • scheduled tribe
  • validity certificate
  • affinity
  • scrutiny committee
  • review petition
  • blood relatives
  • Constitution (Scheduled Tribes) Order, 1950

Judgment

                                                            8-WP-10905-2004.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 10905 OF 2004
Ku. Pushpashila D/o Punjabrao Bhuyar         .....Petitioner

             Versus

State of Maharashtra and Ors.                            .....Respondents

                               .....
Mr. Roshan Suryawansi a/w K. K. Khamare, for the Petitioner.

Ms. V. R. Raje, A.G.P., for the Respondent-State.
                                   ..…

                                   CORAM : M. S. KARNIK &
                                           SANDESH D. PATIL, JJ.
                                   DATE   : 10th SEPTEMBER 2026
P.C.:-

1.        Heard learned Counsel for the Petitioner.


2.        The Petitioner is challenging the Order dated 7 th February, 2004

passed by the Respondent No.2-Chairman & The Dy. Director,

Scheduled Tribe Caste Scrutiny Committee, Giripeth Nagpur (M.S.)

invalidating her Caste claim belonging to ‘Thakur’ Scheduled Tribe.


3.        Learned Counsel for the Petitioner relied on the decision of this

Court, Bench at Nagpur in Writ Petition No.929 of 2018 dated 18 th

December, 2023. The said decision reads thus:

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             Digitally signed by
MANISHA      MANISHA
             BALKRISHNA
BALKRISHNA   TALEKAR
TALEKAR      Date: 2026.09.11
             20:07:24 +0530
                                                           8-WP-10905-2004.doc


          “      Heard. Rule. Rule made returnable forthwith. Heard
          finally by consent of the learned counsel for the parties.

          2.     The petitioner has challenged the order dated
          6.1.2018 passed by the respondent No.1 invalidating the
          caste claim of the petitioner as belonging to "Thakur"
          (Scheduled Tribe). The Scrutiny Committee has not
          considered the validity certificates issued to the blood
          relatives of the petitioner while invalidating his caste
          claim.

          3.    The petitioner belongs to "Thakur" (Scheduled Tribe)
          which is enlisted at serial No.18 of the The Constitution
          (Scheduled Tribes) Order, 1950. The petitioner was
          appointed in Zilla Parishad, Washim as an Assistant
          Teacher on 11.10.1993. His caste claim was referred to
          respondent No.1 Scrutiny Committee by Zilla Parishad on
          5.5.2015.

          4. The petitioner has submitted the documents of his
          father Panjabrao Bhuyar dated 10.7.1947 in support of his
          caste claim of "Thakur", the school leaving certificate of
          Panjabrao dated 18.6.1942, dakhal kharij register of father
          of petitioner dated 18.6.1942, the entry of grand-father of
          the petitioner in death certificate of his son dated
          27.9.1929, the birth entry of the daughter born to
          Narayan dated 21.10.1929, document showing son born
          to Narayan dated 9.11.1933, the caste of great grand-
          father Ambadas is also recorded as "Thakur" in the entry
          dated 1.3.1915 showing son born to him. All these
          documents produced by the petitioner are of Thakur entry.

          5.     The Vigilance Cell obtained birth extract of one
          Ambadas, who is stated to be the great grandfather of the
          petitioner. The caste of Ambadas is recorded as Bhat and
          birth date is recorded as 24.3.1924. The petitioner had
          relied upon the birth extracts to show that a son was born
          to Ambadas on 01.03.2015 and that his great
          grandchildren i.e. daughter and son of Narayan were born


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          in the year 1929 and 1933. These documents reveals that
          the extract referred to in the vigilance report is not that of
          the great grandfather of the petitioner. Without
          considering his explanation and only relying on the
          document of Ambadas where the entry is shown as Bhat
          the Scrutiny Committee has invalidated the caste claim.
          Another ground raised is of not matching affinity.

          6.      During the pendency of this petition the blood
          relatives of the petitioner received the validity certificates
          and by filing additional affidavit, the petitioner has
          brought on record that his five relatives have received the
          validity certificates. It is prayed that considering the ratio
          laid down in the case of Apoorva Vinay Nichale V/s.
          Divisional Caste Certificate Scrutiny Committee No.1 and
          others reported in 2010(6) Mh.L.J. 401 the petitioner be
          issued the validity certificate.

          7.    The respondent No.1, has filed reply, stating that the
          oldest entry shows the caste of great grandfather of the
          petitioner as Bhat. The validity certificate of relatives
          relied on are issued after filing of this petition hence
          cannot be considered. Hence, respondent No.1 has prayed
          for dismissal of the petition.

          8.    In view of the additional affidavit filed by the
          petitioner stating that five blood relatives have received
          the validity certificates of "Thakur" and as per the ratio
          laid down in Apoorva Vinay Nichale (supra) the petitioner
          is entitled for issuance of validity certificate of "Thakur"
          (Scheduled Tribe). The persons whose validity certificates
          are produced before us by the petitioner are mentioned in
          the family tree, therefore, it is proved that the petitioner
          belongs to "Thakur" (Scheduled Tribe). The documents
          which are filed on record also prove that the petitioner
          belongs to "Thakur" (Scheduled Tribe).

          9.    Insofar as the aspect of affinity is concerned, this
          issue has now been decided by the Hon'ble Supreme Court


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          in its decision in Maharashtra. Adiwasi Thakur Jamat
          Swarakshan Samiti V/s. State of Maharashtra and others
          reported in 2023(2) Mh.L.J. 785. It has been held therein
          that report of the Vigilance Cell cannot be treated as a
          litmus test. The entire material on record has to be
          considered while verifying the tribe claim of a candidate.

          10. For the aforesaid reasons, the impugned order
          passed by the Scrutiny Committee is set aside. The
          Scrutiny Committee shall issue validity certificate of
          "Thakur" (Scheduled Tribe) to the petitioner within a
          period of six weeks from the date of this judgment.

       Rule is made absolute in the above terms. There shall be
      no orders as to costs.”

4.        In all fairness to the learned A.G.P., we must say that the

learned A.G.P vehemently opposed the Petition. Learned A.G.P.

submitted that, in respect of Caste Validity Certificates issued to some

of the blood relatives of the Petitioner, a Review Petition was filed by

the Respondents before this Court, Bench at Nagpur. In the Review

Petition, one of the Petitioner-Santosh Bhaurao Bhuyar, son of Mr.

Bhaurao Bhuyar gave up the Caste claim by stating that neither the

Petitioner nor his progeny would seek the benefits meant for the

‘Thakur’ Scheduled Tribe in future, and that the limited protection

which Santosh Bhaurao Bhuyar sought was for reinstatement in

service, which was granted by this Court, Bench at Nagpur. It is

pertinent to note that the decision in Santosh s/o Bhaurao Bhuyar


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Vs. State of Maharashtra and Ors.1 was made on 15th December,

2015.


5.        We are not impressed by the submissions of learned A.G.P. that

in view of the decision in Santosh’s case, this Petition be dismissed,

for the reason that decision in respect of Petitioner’s real brother viz.

Mr. Atul Panjabrao Bhuyar in Writ Petition No.929 of 2018

reproduced above is dated 18th December, 2023. The Order dated

18th December, 2023 in respect of the real brother of the Petitioner is

in force and it is obviously open for the Respondents to file a Review

Petition against the Order dated 18th December, 2023 if the

contention is that such a decision suffers from a error apparent on

the face of record. So long as the Order dated 18 th December, 2023 is

subsisting, the Petitioner being a close blood relative of Mr. Atul

Panjabrao Bhuyar, who is his real sister, is also entitled to have Caste

claim validated. It is submitted that the Petitioner is the real sister of

Mr. Atul Panjabrao Bhuyar who has filed the Writ Petition No.929 of

2018. In the light of the decision of Hon’ble Supreme Court in

Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny

Committee No.1 and Ors.2, the Petitioner being a close blood relative
1    Writ Petition No.1740 of 2009, High Court of Judicature at Bombay, Bench at Nagpur
2    (2010) SSC Online Bom 1053

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of Mr. Atul Panjabrao Bhuyar, is also entitled to have her Caste claim

validated as belonging to the Thakur Scheduled Tribe. For the

aforesaid reasons, the present Petition deserves to be allowed.


6.        It is however, made clear that in the event, a Review Petition is

filed by the Respondents against the Order dated 18 th December,

2023 in Atul Panjabrao Bhuyar Vs. The Scheduled Tribes Certificate

Scrutiny Committee and Anr.3 and any orders passed thereon, the

issuance of the Validity Certificate in Petitioner’s favour would be

subject to the outcome of the decision in the Review Petition. Hence,

the following Order:


                                                  ORDER


       (i)       Keeping the liberty open, Writ Petition No.10905 of 2004

       is allowed.


        (ii)     The impugned Order dated 7th February, 2004 passed by

        the Respondent No.2-Chairman & The Dy. Director, Scheduled

        Tribe Caste Scrutiny Committee, Giripeth Nagpur (M.S.) is set

        aside.


3    Writ Petition No.929 of 2018, High Court of Judicature at Bombay, Bench at Nagpur

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

          Validity to Petitioner-Ku. Pushpashila as belonging to ‘Thakur’

          Scheduled Tribe within a period of six weeks from today.


          (iv)   Rule is made absolute in the aforesaid terms.


          (v)    There shall be no order as to costs.


          (vi) In view of above, Writ Petition No.10905 of 2004 stands

          disposed of.




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




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