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Bombay High Court

GANESH KRUSHNARAO BAYASKARversusTHE COMMITTEE FOR SCRUTINY AND VERIFICATION OF TRIBE CLAIMS, AND ANR.

Decided
Disposal
Disposed Off

Holding

The petitioner's tribe claim must be reconsidered after proper verification of his relationship with Gopal Mahadeo Bayaskar, and the earlier order of the Caste Scrutiny Committee is quashed.

Summary

The petitioner, Ganesh Bayaskar, challenged the order of the Caste Scrutiny Committee, Amravati, which rejected his claim to belong to the ‘Thakur’ Scheduled Tribe. He relied on a certificate of validity issued to his close blood relative, Gopal Mahadeo Bayaskar, arguing that Supreme Court precedents allow such certificates to be given weight if certain prerequisites are met. The Court noted that the genealogy examined earlier did not mention Gopal Mahadeo Bayaskar, so the petitioner’s relationship with him had not been established. Applying the principles from Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti and Apoorva cases, the Court held that the relationship must first be verified before the certificate can be relied upon. Consequently, the Court quashed the Committee’s order, remitted the matter for fresh consideration, and directed the petitioner to appear before the Committee to prove his blood relationship.

Issues considered

  • Whether a certificate of validity issued to a close blood relative can be relied upon to validate the petitioner’s tribe claim.
  • Whether the Caste Scrutiny Committee complied with the procedural requirements in rejecting the petitioner’s claim.
  • Whether the petitioner has sufficiently established his relationship with Gopal Mahadeo Bayaskar.

Subjects

  • tribe claim
  • Scheduled Tribe
  • caste certificate
  • validity certificate
  • Caste Scrutiny Committee
  • blood relationship verification
  • writ petition
  • Maharashtra

Judgment

2026:BHC-AS:37960


                Bhogale                                                 8.wp-10907-2004.odt



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO.10907 OF 2004

               Ganesh S/o. Krushnarao Bayaskar,
               Aged about 31 years, Occu.: Service,
               R/o. Mr. Mahurkar’s Flour Mill,
               Hanuman Nagar, Chhoti Umari,
               Akola – 444 005.                                  … Petitioner
                     Versus

               1.   The Committee for Scrutiny &
                    Verification of Tribe Claims,
                    Amravati.

               2.  The Deputy Director of Education,
                   Amravati Region,
                   Amravati.                               .… Respondents
                                            ****
               Adv. R. K. Mendadkar a/w Adv. Priyanka Shaw, for the petitioner.
               Smt. Reena A. Salunkhe, AGP for the respondent-State.
                                            ****
                                           CORAM : M. S. KARNIK &
                                                       SANDESH D. PATIL, JJ.

                                                 DATE :    17th SEPTEMBER 2026

               ORAL JUDGMENT (PER M. S. KARNIK, J.) :

               1.          Heard learned counsel for the petitioner.

               2.          The petitioner is challenging the order passed by the

               Caste Scrutiny Committee, Amravati rejecting the tribe claim of the

               petitioner as belonging to the ‘Thakur’ Scheduled Tribe.

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    Bhogale                                                      8.wp-10907-2004.odt



3.            During the pendency of the writ petition, it is the

petitioner’s case that his close blood relative Gopal Mahadeo

Bayaskar was issued with the certificate of validity (page 56) of

the paper-book.

4.            The Hon’ble Supreme Court in Maharashtra Adiwasi

Thakur Jamat Swarakshan Samiti vs. State of Maharashtra and

Others1 held that the following three prerequisites have to be

satisfied while giving weightage to the certificate of validity issued

in favour of the close blood relative:-

              (i)        The applicant must establish a clear and specific
              relationship with the person in whose favour the validity
              certificate has been issued;

              (ii)      The Scrutiny Committee must verify whether the
              validity certificate was granted to the applicant’s blood
              relative after due enquiry and in accordance with prescribed
              procedure; and

              (iii)   The Scrutiny Committee must ascertain              the
              genuineness of the validity certificate relied upon.

5.            This Court in Apoorva d/o Vinay Nichale vs. Divisional

Caste Certificate Scrutiny Committee No.1 and others2 has, in

paragraph 4 held thus :-

              “4.     We have considered the matter and we are of the
              view that the petitioner's caste claim that she belongs to

1    (2023) 16 SCC 415
2    2010(6) Mh.L.J. 401


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 Bhogale                                                       8.wp-10907-2004.odt



           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.”

6.         It is submitted that in view of the law laid down by the

Hon’ble Supreme Court in Maharashtra Adiwasi Thakur Jamat

Swarakshan Samiti (supra) and Apoorva d/o Vinay Nichale

(supra), the present petitioner being a close blood relative of

Gopal Mahadeo Bayaskar is entitled to have his tribe claim

validated as belonging to ‘Thakur’ Scheduled Tribe.

7.         We have heard learned AGP for the respondent. Learned

AGP supported the impugned order passed by the Caste Scrutiny

Committee and submitted that there is nothing on record except

for the bald statement made by the petitioner that the said Gopal

Mahadeo Bayaskar is a close blood relative of the petitioner. It is

further submitted that the genealogy produced before the Caste



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 Bhogale                                                   8.wp-10907-2004.odt



Scrutiny Committee, when the caste claim of the petitioner was

verified, did not find a mention of Gopal Mahadeo Bayaskar’s

name.

8.          The writ petition is of the year 2004. The certificate of

validity of Gopal Mahadeo Bayaskar dated 24th October 2013 has

been brought on record by way of an amendment. No doubt in

Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti (supra)

and Apoorva d/o Vinay Nichale (supra) the law is well settled.

However, the relationship of Gopal Mahadeo Bayaskar with the

petitioner needs to be verified. The genealogy which was verified

by the Vigilance Cell when the caste claim of the petitioner was

considered did not find the name of Gopal Mahadeo Bayaskar.

Therefore, in such view of the matter, the relationship of the

petitioner with Gopal Mahadeo Bayaskar will have to be

established before the Caste Scrutiny Committee in the first

instance.

9.          In such view of the matter, an opportunity needs to be

given to the petitioner in the interest of justice to establish his tribe

claim on the basis of his submission made on oath that Gopal


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                              Bhogale                                                8.wp-10907-2004.odt



                           Mahadeo Bayaskar is his close blood relative.

                           10.          The writ petition is allowed. The impugned order dated

                           25th February 2004 passed by the respondent No.1 is quashed and

                           set aside. The matter is remitted to the Caste Scrutiny Committee,

                           Amravati to decide the tribe claim of the petitioner afresh and in

                           accordance with law after verification of the relationship of the

                           petitioner with Gopal Mahadeo Bayaskar.

                           11.          The petitioner to appear before the Caste Scrutiny

                           Committee on 30th September 2026 at 11:00 a.m.               The Caste

                           Scrutiny Committee to take a decision in accordance with law

                           expeditiously and in any case within a period of sixteen weeks

                           from 30th September 2026. The decision be communicated to the

                           petitioner.

                           12.          All contentions on merits are kept open.

                           13.          Rule is partly made absolute in the above terms.

                           14.          The writ petition is disposed of.




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



Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 17/09/2026 15:05:42                                     5


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