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Bombay High Court

AJINKYA LAHU KADAMversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided
Disposal
Partly Allowed

Holding

The Court held that, following Supreme Court precedent, the Scrutiny Committee must issue a Tribe Validity Certificate to the petitioner because his paternal blood relatives have been granted such certificates after a lawful inquiry.

Summary

The petitioner, Ajinkya Lahu Kadam, sought to quash an order of the Scheduled Tribes Scrutiny Committee that rejected his claim for a Thakar tribe validity certificate. He argued that his paternal blood relatives had previously been granted such certificates after the Court directed the Committee to do so in earlier writ petitions. The Committee had rejected his claim citing inconsistencies in historical caste entries in school and revenue records. Relying on the Supreme Court’s decision in Maharashtra Adivasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra, the High Court held that once a lawful inquiry confirms a blood‑relative’s eligibility, the Committee must issue the certificate. The Court therefore quashed the impugned order, directed issuance of the certificate to the petitioner, and allowed the writ petition in part.

Issues considered

  • Whether the Scrutiny Committee erred in rejecting the petitioner’s tribe validity certificate claim despite issuance to his paternal blood relatives.
  • Whether the Supreme Court precedent in Maharashtra Adivasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra applies to the present case.
  • Whether historical caste entries showing "Hindu Maratha" or "Thakkar Bhat" justify denial of the certificate.
  • Whether a lawful inquiry and the issuance of certificates to blood relatives obligate the Committee to grant the petitioner’s certificate.

Subjects

  • Tribe Validity Certificate
  • Scheduled Tribe
  • Scrutiny Committee
  • Paternal blood relatives
  • Quash order
  • Supreme Court precedent
  • Maharashtra

Judgment

                                                                   40 WP 12265 OF 2026.DOC




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                      CIVIL WRIT PETITION NO. 12265 OF 2026

                      Ajinkya Lahu Kadam
                      Age : 34 years, Occu: Student,
                      R/at. Bhatnimgaon, Post Bhandgaon,
                      Taluka Indapur, District Pune,
                      Pune – 413 103.                                         …Petitioner

                              Versus

                      1. The State of Maharashtra,
                         Department of Tribal Development,
                         Mantralaya, Mumbai – 32.
                         Through its Secretary.
                      2. The Scheduled Tribe Scrutiny Committee,
                         Pune Division, Pune,
                         Through its Member Secretary,
                         5th Floor, C Wing, Kapil Towers,
                         Pune – 411 001.
                      3. The Principal
                         Arts, Science and Commerce College
                         Indapur, District Pune,
                                                                          …Respondents
                         Pune – 413 106.


                      Mr. Harsh P. Dedhia, Advocate for the Petitioner.
                      Mr. Piyush Pande, “B” Panel Counsel for Respondent Nos. 1 and 2.


                                              CORAM:    R. I. CHAGLA AND
         Digitally
         signed by
                                                        FIRDOSH P. POONIWALLA, JJ.
         RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2026.09.23
         16:35:38
                                              DATED:     21st SEPTEMBER 2026.
         +0530




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ORDER :-

1.      Rule. Rule made returnable forthwith and heard finally by

consent of parties.


2.      By this Writ Petition, the Petitioner is seeking quashing and

setting aside of an impugned Order dated 1 st July, 2023, passed by

Respondent No. 2–Scheduled Tribes Scrutiny Committee, Pune

Division, Pune (hereinafter referred to as, "Scrutiny Committee" for

short), invalidating the tribe claim of the Petitioner.


3.      The Petitioner had applied before Respondent No. 2 Scrutiny

Committee for verification of his tribe certificate, claiming to

belong to the Thakar tribe in the year 2013. The Respondent No. 2

Scrutiny Committee rejected the claim and cancelled the tribe

certificate on the ground that the tribe certificate was not in the

prescribed format, while granting liberty to the Petitioner to obtain

a prescribed Form C certificate and submit a fresh claim.


4.      Respondent No. 3, Principal of Arts, Science, and Commerce

College, Indapur, District Pune, forwarded the Petitioner's fresh

tribe certificate to Respondent No. 2–Scrutiny Committee for




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verification. The Petitioner filed a fresh application along with all

necessary documents to prove his claim in November 2022.


5.      Accordingly, the validity proceedings were registered before

Respondent No. 2–Scrutiny Committee as Case No. 93 of 2022.

The Police Vigilance Department submitted an Inquiry Report on

28th February, 2023, after tracing blood relatives and examining

caste entries in school, birth, and death registers.


6.      Respondent No. 2–Scrutiny Committee issued a notice on 4 th

July, 2023, calling upon the Petitioner to appear and produce

relevant documents in support of his tribe claim. The Petitioner

produced documents as sought by Respondent No. 2–Scrutiny

Committee, which included birth and death register entries

relating to his blood relatives from 1934 onwards.


7.      The Petitioner places reliance upon Orders of this Court in

Writ Petition No. 2394 of 2023, filed by Ankush Gulabrao Kadam,

and Writ Petition No. 2658 of 2024, filed by Digvijay Ankush

Kadam, who are the paternal blood relatives of the Petitioner, and

by which Orders the Tribe Validity Certificates were directed to be




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issued by the Scrutiny Committee to the Petitioner's said paternal

blood relatives.


8.      Respondent No. 2–Scrutiny Committee passed the impugned

Order dated 1st July 2026, in Case No. 93 of 2022, rejecting the

Petitioner's claim for a Tribe Validity Certificate. Accordingly, the

present Writ Petition has been filed.


9.      The learned counsel appearing for the Petitioner has

tendered a genealogy tree showing the Petitioner's blood relatives,

including the said paternal blood relatives to whom the Tribe

Validity Certificate was directed to be issued by this Court vide

Orders passed in the respective Petitions filed by them.


10.     Mr. Dedhia, the learned Counsel for the Petitioner, referred

to the Orders dated 11th June 2025 passed in Writ Petition Nos.

2394 of 2023 and 2658 of 2024 in the case of Petitions filed by

Ankush Gulabrao Kadam and Digvijay Ankush Kadam, respectively,

wherein this Court had found that the Petitioners had established

that their blood relations from the paternal side were granted Tribe

Validity Certificates. Accordingly, this Court quashed and set aside

the impugned Orders passed by the Scrutiny Committee and




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allowed the Writ Petitions. He submitted that a similar Order is

required to be passed in the present case, considering that those

Writ Petitions had been filed by the present Petitioner's blood

relatives.


11.     Mr. Dedhia, submitted that, in spite of citing the Orders

passed by this Court, by which the paternal blood relatives' Tribe

Validity Certificates were directed to be issued, this has been

disregarded by Respondent No. 2–Scrutiny Committee while

referring to certain inconsistencies in the records which had been

submitted in respect of certain paternal blood relatives.         He

submitted that it has been held by the Supreme Court in

Maharashtra Adivasi Thakur Jamat Swarakshan Samiti v. State of

Maharashtra and Others1, that where the Scrutiny Committee has

been satisfied that the person in whose favor the Tribe Validity

Certificate has been issued is a blood relative of the Applicant, and

a lawful inquiry has been conducted before issuing the validity

certificate, the Scrutiny Committee will have to issue the validity

certificate. He has accordingly sought for the prayers in the

Petition to be granted.



1(2023 16 SCC 41)



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12.     Mr. Pande, learned AGP appearing for Respondent Nos. 1

and 2–Scrutiny Committee, has supported the impugned Order.

He submitted that findings of the impugned Order show that there

were blood relatives of the Applicant whose school and revenue

records from 1934, 1938, 1959, 1982, 1984, and 1985 contained

caste entries as "Hindu Maratha," "Maratha," and "Thakkar Bhat".

In the grandfather's service book for 1927 to 1946, the caste was

recorded as "Hindu Maratha". A cousin grandfather's service book

also recorded the caste as "Hindu Maratha".


13.     Respondent No. 2–Scrutiny Committee has accordingly held

that entries from this period are older, and their probative and

evidentiary value is high. The Petitioner had not submitted

evidence containing records inconsistent with the said claim to the

committee during the inquiry and hearing. Accordingly, Mr. Pande

submitted that Respondent No. 2–Scrutiny Committee was justified

in passing the impugned Order invalidating the tribe validity claim

of the Petitioner. He submitted that the Writ Petition is without

merit and be dismissed.


14.     Having considered the submissions, in our view, this Writ

Petition is covered by the Order dated 27 th August 2026 passed in



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Writ Petition No. 10712 of 2026 (Rushank Sitaram Kataskar, Minor,

through Father and Natural Guardian Sitaram Vitthal Kataskar v.

State of Maharashtra and Another).


15.     This Court, in a similar case as the present, had considered

that the Petitioner's paternal blood relatives had been issued Tribe

Validity Certificates. Though there were show-cause notices issued

alleging fraud, this Court held that this would not suffice where

validity certificates have been issued by the competent Scrutiny

Committee to these blood relatives of the Petitioner on the paternal

side.


16.     It has been held by the Supreme Court in Maharashtra

Adivasi Thakur Jamat Swarakshan Samiti (supra) that upon the

Scrutiny Committee having been satisfied that the person in whose

favor the Tribe Validity Certificate has been issued is a blood

relative of the applicant, and a lawful inquiry has been conducted

before issuing the validity certificate, the Scrutiny Committee will

have to issue the validity certificate.


17.     This Court, in the aforesaid decision, had also, in the

operative part of the Order, while allowing the Writ Petition,




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directed that if any of the validity holders on whom the Petitioner

before this Court has relied upon for claiming validity suffer

invalidation in the reopened cases, Respondent No. 2–Scrutiny

Committee would be at liberty to reopen the Petitioner's case as

well. The consequences suffered by those candidates whose claims

are invalidated (after reopening of the case) would befall this

Petitioner as well.


18.     In the present case, admittedly, the Petitioner's paternal

blood relatives have been issued Tribe Validity Certificates to the

effect that they belong to the "Thakar" tribe, to which the present

Petitioner also claims to belong.


19.     These paternal blood relatives had filed Writ Petitions in this

Court which have been adverted to above. In these Writ Petitions,

this Court had set aside the Orders passed by the Scrutiny

Committee and directed the Scrutiny Committee to issue Tribe

Validity Certificates to them. The Orders have also been annexed to

the present petition at Exhibit K.


20.     The reason for disregarding the Tribe Validity Certificates

issued to the Petitioner's paternal blood relatives is merely on the




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ground that there are certain blood relatives of the Petitioner

whose school and revenue records show a different tribe. Given the

settled law as laid down by the Supreme Court in Maharashtra

Adivasi Thakur Jamat Swarakshan Samiti (supra), we do not

accept such a reason for disregarding the Tribe Validity Certificates

issued to the Petitioner's blood relatives upon the conduct of a

lawful inquiry.


21.     We accordingly pass a similar Order as has been passed by

this Court in Rushank Sitaram Kataskar (supra):


                             :: O R D E R ::


      (i)       The Writ Petition is partly allowed;


      (ii)      The impugned Order dated 1st July 2026 passed by

      Respondent No. 2–Scrutiny Committee in Case No. 93 of 2022

      is quashed and set aside;


      (iii)     The Tribe Validity Certificate in respect of the “Thakar

      Tribe” shall be issued by Respondent No. 2–Scrutiny

      Committee to the Petitioner within a period of two weeks

      from the date of this Order;




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      (iv)      If any of the validity holders on whom the Petitioner

      before this Court has relied upon for claiming validity, suffer

      invalidation in the reopened cases, Respondent No. 2–

      Scrutiny Committee would be at liberty to reopen the

      Petitioner's case as well, and the consequences suffered by

      those     candidates   whose     claims are invalidated      (after

      reopening of the case), would befall on this Petitioner as well;


      (v)       The Writ Petition is accordingly disposed of in the

      above terms;


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




 (FIRDOSH P. POONIWALLA, J.)                           (R. I. CHAGLA, J.)




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