Bombay High Court

RITESH JITENDRA THAKURversusTHE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The order dated 19.11.2025 disposing the petitioner's tribe claim is set aside and the proceedings are restored to their original position.

Summary

The petitioner, a student, challenged an order dated 19 November 2025 by the Scheduled Tribe Certificate Scrutiny Committee that disposed of his tribe claim on the ground of alleged non‑co‑operation. The petitioner asserted that he would appear before the committee on 26 February 2026 and cooperate fully. The State argued that the petitioner had been negligent from the outset, forcing the committee to close his claim. The Court, noting the social nature of the issue, granted the petitioner another opportunity to present his claim and set aside the impugned order, restoring the proceedings to their original position. The Court directed the committee to decide the claim on its merits within eight months, with the petitioner undertaking to appear on the specified date.

Issues considered

Whether the order disposing the petitioner's tribe claim for alleged non‑co‑operation is legally valid
Whether the petitioner is entitled to another opportunity to present his tribe claim before the Scrutiny Committee

Subjects

tribal certificate
Scheduled Tribe
scrutiny committee
writ petition
procedural fairness
right to be heard
social status

Judgment

                             (1)
                                          939 W. P. 1783-2026.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

              WRIT PETITION NO. 1783 OF 2026

     Ritesh Jitendra Thakur,
     Age : 24 Years, Occ. Student,
     R/o. Police Head Quarter Building No.1,
     Room No.11, Dhule.                      ..PETITIONER

          VERSUS

1.   The State of Maharashtra,
     Through Principal Secretary,
     Tribal Development Department,
     Mantralaya, Mumbai-32.

2.   The Scheduled Tribe Certificate
     Scrutiny Committee, Dhule,
     Shindumanik S. No. 53, Opp.
     Ekvira Devi High School, Sharadha
     Nagar, near Vidya Nagar Devpur,
     Dhule

3.   The Sub Divisional Officer,
     Erandol, Division Erandol,
     Dist. Jalgaon                            ..RESPONDENTS
                                ...
Advocate for the Petitioner : Mr. Kishor T. Shirrurkar
AGP for Respondent/State: Mr. V. M. Jaware
                               ….

                 CORAM :   SANDIPKUMAR C. MORE AND
                           ABASAHEB D. SHINDE, JJ.

                 DATED :     FEBRUARY 17, 2026

ORDER:-

1.   Heard.


2.   By this Writ Petition, the petitioner is challenging the

order dated 19.11.2025 passed by the respondent No.2/Tribe
                               (2)
                                             939 W. P. 1783-2026.odt
Committee, by which the tribe claim of the petitioner has been

disposed of, due to non-co-operation from the petitioner, in

deciding his tribe claim.


3.    The learned counsel for the petitioner submits that, the

petitioner will appear before the scrutiny committee on

26.02.2026 and will extend full co-operation in deciding his

tribe claim.


4.    Per contra, learned A.G.P. submits that the petitioner is

negligent right from the beginning and did not co-operate with

respondent No.2, as a result of which, respondent No.2/Tribe

Committee was constrained to dispose of the tribe claim of the

petitioner.


5.    Be that as it may, since the matter pertains to the social

status, we deem it appropriate to grant one more opportunity

to the petitioner to prosecute his tribe claim before respondent

No.2/Tribe Committee.


6.    In that view of the matter, we set-aside the impugned

order dated 19.11.2025 passed by respondent No.2/Tribe

Scrutiny Committee by restoring the proceedings of petitioner’s

tribe claim to its original position and direct to decide the

same, on its own merits and in accordance with law.
                              (3)
                                            939 W. P. 1783-2026.odt
7.     The petitioner undertakes to appear before respondent

No.2/ Tribe Committee on 26.02.2026. In peculiar facts and

circumstances, we direct respondent No.2/Tribe Committee to

decide the tribe claim of the petitioner as expeditiously as

possible and within a period of eight months from today.



(ABASAHEB D. SHINDE)                (SANDIPKUMAR C. MORE)
      JUDGE                                 JUDGE




YSK/

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