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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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                                                        12.WP10927.2009.odt



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.)




Talwalkar                         4


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