Bombay High Court
SANGITA D/O RAMKRISHNA THAKURversusTHE SCHEDULED TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court quashed the Scrutiny Committee’s order and declared that the petitioner belongs to the Thakur Scheduled Tribe.
Summary
The petitioner, Sangita d/o Ramkrishna Thakur, challenged a May 2008 order of the Scheduled Tribe Caste Certificate Scrutiny Committee that rejected her claim of belonging to the Thakur Scheduled Tribe. She submitted an affidavit showing that her biological sister and brother had earlier been declared members of the Thakur Scheduled Tribe by the Nagpur Bench of the Bombay High Court in separate writ petitions (Nos. 2714/2022 and 5149/2023). Relying on those decisions and on precedents such as Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra (AIR 2023 SC 1657) and Apoorva d/o Vinay Nichale v. Divisional Caste Certificate Scrutiny Committee No. 1 Nagpur (2010(6) Mh.L.J.401), the Court held that the petitioner, being a close blood relative of the already‑recognised tribe members, is likewise entitled to tribal status. Consequently, the Court quashed the Scrutiny Committee’s impugned order, declared that the petitioner belongs to the Thakur Scheduled Tribe, and directed the Committee to issue a validity certificate within six weeks. The writ petition was disposed of in favour of the petitioner.
Issues considered
- Whether the Scrutiny Committee’s order rejecting the petitioner’s claim to Thakur Scheduled Tribe status is legally valid.
- Whether the petitioner can be declared a member of the Thakur Scheduled Tribe based on the recognition of her siblings in earlier judgments.
- Whether the precedents cited require the quashing of the Scrutiny Committee’s order.
Subjects
- Scheduled Tribe
- Caste Certificate
- Scrutiny Committee
- Validity Certificate
- Writ Petition
- Bombay High Court
- Tribal Status
- Legal Precedent
Judgment
Digitally signed
by ARUNA
SANDEEP
ARUNA TALWALKAR
SANDEEP Date:
TALWALKAR 2026.09.17
18:12:27
+0530
12.WP10927.2009.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10927 OF 2009
Sangita d/o. Ramkrishna Thakur. … Petitioner.
Versus
The Scheduled Tribe Caste Certificate
Scrutiny Committee And Anr. … Respondents
--------------
Mr. R.K. Mendadkar, Advocate for the Petitioner.
Smt. V.R. Raje, AGP for Respondent/State.
--------------
CORAM : M. S. KARNIK &
SANDESH D. PATIL, JJ.
DATE : 17th SEPTEMBER, 2026
ORAL ORDER : (Per M.S. KARNIK, J)
1. We have heard Mr. Mendadkar, learned Counsel for the
Petitioner and Mrs. Raje, learned AGP for Respondent/State.
2. The Petitioner has challenged the order passed by the
Respondent No. 2 Scrutiny Committee invalidating the tribe claim
of the Petitioner as belonging to Thakur Scheduled Tribe.
3. We have heard Mrs. Raje, learned AGP in support of the
impugned order. It is submitted that the Scrutiny Committee after
taking into consideration the material on record and documents,
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by a reasoned order rejected the caste claim which does not call
for any interference.
4. It is pertinent to note that during the pendency of this
Petition, an additional affidavit is filed by the Petitioner stating
that the Petitioner’s real sister by name Kumari Shobha
Ramkrishna Gathe has been granted certificate of validity pursuant
to the decision of the Nagpur Bench of this Court in Writ Petition
No. 2714 of 2022 by order dated 18/3/2024. It is also pertinent
to note that the Petitioner’s real brother viz. Rajeshkumar
Ramkrishna Gathe is granted certificate for validity as belonging to
Thakur Scheduled Tribe by an order dated 14/2/2024 of the
Nagpur Bench of this Court in Writ Petition No. 5149 of 2023.
5. We have perused the decisions of this Court in the above
mentioned Writ Petitions. This Court has for the reasons recorded
set aside the order of the Scrutiny Committee and declared the
Petitioners therein as belonging to Thakur Scheduled Tribe.
6. This Court referred to various decisions and more
particularly, Maharashtra Adiwasi Thakur Jamat Swarakshan
Samiti vs. The State of Maharashtra and others1 and Apoorva d/o
1 AIR 2023 SC 1657
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12.WP10927.2009.odt
Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee
No.1 Nagpur2. Once it is undisputed that the Petitioners real
brother and sister have been declared as belonging to Thakur
Scheduled Tribe by a reasoned order of this Court, even this
Petition deserves to succeed. The Petitioner is a close blood relative
and the real sister of Kumari Shobha Ramkrishna Gathe and
Rajeshkumar Ramkrishna Gathe who have been declared to
belong to Thakur Scheduled Tribe. In view of the law laid down in
Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti (supra)
and Apoorva d/o Vinay Nichale (supra) and for the same reasons
as in the aforesaid Writ Petitions, even the present Writ Petition
deserves to succeed.
7. Hence, the following order is passed :
(i) The impugned order dated 29/5/2008 passed by the
Scrutiny Committee is quashed and set aside.
(ii) It is declared that the Petitioner has proved that she
belongs to ‘Thakur Scheduled Tribe’.
(iii) The Scrutiny Committee shall issue a validity certificate to
the Petitioner within a period of six weeks from receipt of the
2 2010(6) Mh.L.J.401.
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copy of this order.
8. Rule is made absolute in the above terms.
9. Writ Petition is disposed of.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
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