PARTH SANDEEP GAWALI AND ANR THOU PARNTERSHIP FIRM PARTNER RAHUL B KARADGEversusSTATE OF MAHARASHTRA THR ITS SECRETARY AND ANR

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                          Writ Petition No. 15530 of 2023

                      Parth Sandeep Gawali and anr.                         …     Petitioners
                            V/s.
                      The State of Maharashtra and anr.                     …     Respondents.


                      Mr. R.K. Mendadkar, Advocate a/w. Siddhant Sawai, Prajakta Pashte
                      for the Petitioners.

                      Mrs. P.J.Gavhane, AGP for the Respondents-State.

                                                   CORAM : M.S. KARNIK &
                                                           S.M. MODAK, JJ.

                                                     DATE : 8th January 2026.

                      P.C. :

                               Heard learned counsel for the Petitioners.
LATA
SUNIL
PANJWANI
Digitally signed by
LATA SUNIL
PANJWANI
Date: 2026.01.12
18:39:38 +0530
                      2.       The Petitioners’ caste claim as belonging to Koli Mahadev
                      Scheduled Tribe is invalidated by the impugned order dated 21 st
                      October 2022 passed by Respondent No.2 – Scheduled Tribe
                      Certificate Scrutiny Committee. The caste claim is invalidated on
                      the ground that there has been material suppression of facts on
                      behalf of the Petitioners while making the claim for grant of caste
                      validity certificate. The learned counsel for the Petitioners relied
                      upon the caste validity certificate issued by the Petitioners’ father as
                      belonging to Hindu Mahadev Scheduled Tribe which is at page-81
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of the paper-book and also caste validity certificates issued to the
close blood relatives of the Petitioner in support of his case.

3.       The learned AGP, on the other hand, vehemently opposed the
petition. It is submitted that there is material suppression on behalf
of the Petitioners and, therefore, for the reasons mentioned in the
impugned order, the caste claim has been rejected. Moreover, it is
submitted that the reliance placed by the Petitioners on the caste
validity certificates of his close blood relatives is hardly of any
consequence as the Committee has issued show-cause notices to the
close blood relatives on various grounds including that the same has
been obtained by suppression of material facts.

4.       We have perused the decision of the Hon’ble Supreme Court
in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v/s. State
of Maharashtra1. Para-24 of the decision reads thus:
             “24.        We can also contemplate one more scenario
             which is found in many cases. These are the cases where
             the applicant relies upon caste validity certificates issued
             to his blood relatives.         Obviously, such a validity
             certificate has to be issued either by the Scrutiny
             Committee constituted in terms of the directions issued in
             Madhuri Patil case or constituted under the Rules framed
             under the 2000 Act. In such a case, firstly, the Scrutiny
             Committee must ascertain whether the certificate is
             genuine. Secondly, the Scrutiny Committee will have to
             decide whether the applicant has established that the
1    (2023) 16 SCC 415
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              person to whom the validity certificate relied upon by
              him ha been issued is his blood relative.            For that
              purpose, the applicant must establish his precise and
              exact relationship with the person to whom the validity
              certificate has been granted. Moreover, an enquiry will
              have to be made by the Scrutiny Committee whether the
              validity certificate has been granted to the blood relative
              of the applicant by the Scrutiny Committee concerned
              after holding due enquiry and following due procedure.”


5.       We have also perused the decision of this Court in the case of
Apoorva d/o. Vinay Nichale v/s. Divisional Caste Certificate
Scrutiny Committee No.1 and others2. Para-4 reads as under:

              “4. We have considered the matter and we are of the
              view that the petitioner’s caste claim that she belongs
              to 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
2    2010 (6) Mh.L.J. 401
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          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.    In such view of the matter, as close blood relatives of the
Petitioners have been issued the caste validity certificate and as
from the record we find that the Petitioner’s father has also been
issued with the caste validity certificate as belonging to the
Mahadev Koli Scheduled Tribe, in our view, even the Petitioner is
entitled to have his caste claim validated.

7.    No doubt, the Scrutiny Committee has issued show-cause
notice to the close blood relatives of the Petitioner for cancelling
caste validity certificate issued to the close blood relatives. The
Committee is at liberty to take the show-cause notices to the logical
conclusion in accordance with law. Should any adverse orders be
passed against the close blood relatives in respect of the show-cause
notice so issued, similar consequences will flow even so far as the
caste validity certificate issued to the Petitioner is concerned.
However, till such time the caste validity certificates of the close
blood relatives are valid, there is no reason to deny the same benefit
to the Petitioner.

8.    The Petition, therefore, succeeds. The impugned order is
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quashed and set aside. The Respondent No.2-Committee is directed
to issue caste validity certificate in favour of the Petitioners as
belonging to Hindu Koli Mahadev Scheduled Tribe within a period
of six weeks from today which shall be subject to the outcome of
the show-cause notice issued to the close blood relatives of the
Petitioners. Liberty of the Committee to take appropriate action, if
the occasion so arises, is kept open.

9.     Writ Petition is disposed of.



     (S.M.MODAK,J.)                            (M.S.KARNIK, J.)