Bombay High Court
SOMESHWAR S/O WAMAN THAKURversusTHE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, HOME DEPARTMENT AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The petitioner is entitled to a validity certificate of the Thakur Scheduled Tribe, and the impugned order of the Caste Scrutiny Committee is set aside.
Summary
Someshwar, the petitioner, applied for a caste validity certificate for the Thakur Scheduled Tribe, which was rejected by the Caste Scrutiny Committee. He contended that close blood relatives—Narendra Yuvraj Mahale, his daughter Yugandhara Mahale, and Rakesh Kishor Thakur—had previously been granted such certificates by the High Court in separate writ petitions. The court examined the genealogy submitted by the State and found that the petitioner is indeed a close blood relative of those individuals. Relying on earlier judgments that recognized the rights of relatives to obtain tribe certificates, the court held that the petitioner is entitled to the same relief. Consequently, the petition was allowed, the Committee’s order was set aside, and the Committee was directed to issue the certificate within six weeks.
Issues considered
- Whether the petitioner is entitled to a caste validity certificate of the Thakur Scheduled Tribe based on his close blood relationship with relatives who have been granted certificates.
- Whether the order of the Caste Scrutiny Committee rejecting the petitioner's claim can be set aside.
- Whether the genealogical evidence presented is sufficient to establish the petitioner’s tribal status.
Subjects
- caste certificate
- scheduled tribe
- validity certificate
- caste scrutiny committee
- genealogy
- tribal status
- writ petition
- Bombay High Court
Judgment
7-WP-12182-2012.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12182 OF 2012
Someshwar s/o Waman Thakur .....Petitioner
Versus
The State of Maharashtra, Through Its Secretary,
Home Department & Ors. .....Respondents
.....
Mr. Krishna Dhere a/w Mr. Anshuman Deshmukh h/f Mr. Arun
Koralkar, for the Petitioner.
Smt. V.R.Raje, A.G.P, for the Respondent.
..…
CORAM : M. S. KARNIK &
SANDESH D. PATIL, JJ.
DATE : 8th OCTOBER, 2026
P.C.:-
1. Heard learned Counsel for the petitioner. We have also heard
Mrs. Raje, learned A.G.P for the State.
2. On 24th September, 2026, this Court passed the following
order:
“1. The Scrutiny Committee while rejecting the Tribe
claim of the Petitioner has observed that so far as the
close blood relative of the Petitioner Mr. Narendra
Yuvraj Mahale (Thakur) is concerned, the same is a
conditional Order of Validity dated 1 st November, 2004
issued by the Nashik Committee in respect of Mr.
Wakodikar 1/4
Digitally signed
by RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.10.09
11:22:21 +0530
7-WP-12182-2012.doc
Narendra Yuvraj Mahale. Mr. Narendra Yuvraj Mahale
had filed an affidavit before the Scrutiny Committee
which examined the Tribe claim of the Petitioner
relying on his validity and relationship with the
Petitioner.
2. It is now pointed out by learned Counsel for the
Petitioner that Narendra’s caste validity claim has been
confirmed pursuant to the Order passed by this Court.
Moreover, the daughter of Mr. Narendra Yuvraj Mahale
namely Ms. Yugandhara Narendra Mahale, has also
been issued with a Certificate of Validity pursuant to
the Judgment of this Court in Writ Petition No.7532 of
2023.
3. It is further submitted that the Petitioner’s close relative
Mr.Rakesh, son of Mr. Kishor Thakur has been issued with
Certificate of Validity pursuant to the decision of this Court,
Bench at Aurangabad, in Writ Petition No.8588 of 2012
dated 13th July, 2023. It is a matter of record as can be seen
from the decision of this Court in the aforesaid Writ Petition
that Mr. Rakesh Kishor Thakur and Ms.Yugandhara Narendra
Mahale are close blood relatives.
4. It is thus seen that close blood relatives of the Petitioner
have been issued with Certificate of Validity.
5. Learned Counsel for the Petitioner relied upon the
decision in the case of Maharashtra Adiwasi Thakur Jamat
Swarakshan Samiti V/s. State of Maharashtra and Ors. 1 as
well as in the case of Apoorva d/o Vinay Nichale Vs.
Divisional Caste Certificate Scrutiny Committee No.1 and
Ors.2 in support of his claim that even the Petitioner is
entitled to have his tribe claim validated.
1 (2023) 16 SCC 415
2 2010 (6) MHLJ 401
Wakodikar 2/4
7-WP-12182-2012.doc
6. Learned A.G.P. however requested for some time to verify
these facts and respond on the next date.
7. Though the record appears to be clear, only in order to
further give an opportunity to learned A.G.P. to seek
instructions and respond by the next date, we post the matter
on 8th October, 2026 for passing Orders.
8. It is made clear that, if the instructions are not obtained
we may be constrained to pass Orders on the basis of
material available on record.
9. Stand over to 8th October, 2026 for passing Orders.”
3. Learned A.G.P, on instructions fairly submitted that upon
verifying the records, it is informed that the genealogy in the
case of Narendra Yuvraj Mahale, where the validity was
granted in favour of Narendra finds name of the present
petitioner. Learned A.G.P has placed on record a copy of the
genealogy which was relied upon in Narendra’s case. The
same is taken on record and marked as X-for identification.
4. It reveals that the petitioner is the close blood relative of
Narendra. In such view of the matter, the petition deserves to
be allowed. Hence, the following order :
Wakodikar 3/4
7-WP-12182-2012.doc
ORDER
(i) Writ Petition no. 12182 of 2012 is allowed.
(ii) The impugned order passed by the Caste Scrutiny
Committee is set aside.
(iii) The Scrutiny Committee is directed to issue a validity
certificate to the petitioner of the caste ‘Thakur – Scheduled
Tribe’ within a period of six weeks from the date of
communication of this order.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
Wakodikar 4/4
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