Bombay High Court
SATISH NIVRUTTI CHAVANversusTHE STATE OF MAH AND ORS
- Disposal
- DISPOSED OFF
Holding
The order of the Scrutiny Committee is quashed and the matter is remanded to it for fresh consideration of the petitioner’s additional documents, without any determination on the merits.
Summary
The petitioner, Satish Nivrutti Chavan, challenged the order dated 26‑02‑2007 of the Scrutiny Committee which invalidated his claim of belonging to the Thakar Scheduled Tribe. He argued that, during the pendency of the writ petition, he obtained his grandfather's school records and other court‑validated documents that were not originally before the Committee. The State's Advocate General acknowledged the existence of these documents but contended that they could not be considered as they were not initially submitted. The Court, noting that both parties agreed to remand the matter for consideration of the new evidence, partially allowed the writ, quashed the impugned order, and directed the Committee to rehear the claim with the additional documents. The Court expressly refrained from commenting on the merits and instructed the Committee to decide the tribe claim expeditiously, preferably within one year.
Issues considered
- Whether the order of the Scrutiny Committee invalidating the petitioner's Thakar Scheduled Tribe claim should be set aside and the matter remanded for fresh consideration of newly obtained documents.
- Whether the petitioner is entitled to be given an opportunity to place additional evidence before the Scrutiny Committee.
Subjects
- Scheduled Tribe
- Tribe claim
- Scrutiny Committee
- Writ petition
- Quash
- Remand
- Maharashtra
- High Court
Judgment
2026:BHC-AUG:14327-DB
966-wp-2166-2007
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
966 WRIT PETITION NO. 2166 OF 2007
Satish Nivrutti Chavan
VERSUS
The State of Maharashtra And Ors.
...
Mr. Sagar S. Phatale, Advocate for the Petitioner
Mr. G. A. Kulkarni, AGP for Respondents/State
...
CORAM : SANDIPKUMAR C. MORE AND
ABASAHEB D. SHINDE, JJ.
DATED : 27TH MARCH 2026
PER COURT (Abasaheb D. Shinde J.):-
1. Heard.
2. By this Writ Petition the petitioner takes exception to the order
dated 26.02.2007 passed by Respondent No.2-Scrutiny Committee by
which the tribe claim of the petitioner of belonging to ‘Thakar’,
Scheduled Tribe has been invalidated.
3. A short issue has been raised by the learned Counsel for the
petitioner for seeking remand of the matter contending that during
pendency of the Writ Petition the petitioner has received oldest
documents pertaining to School record of his grandfather as well as
the subsequent validities granted by this Court.
4. Learned AGP does not dispute the said fact however he submits
that since these documents were not initially placed before
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Respondent No.2-Scrutiny Committee, it had no occasion to consider
those.
5. Since the learned Counsel for the petitioner and learned AGP
are ad-idem for remanding the matter back to the Respondent No.2-
Scrutiny Committee for considering the said documents, we are
inclined to allow this Writ Petition partly. Hence we pass the
following order :-
:: O R D E R ::
i. Writ petition is partly allowed.
ii. Impugned order dated 26.02.2007 passed by Respondent
No.2-Scrutiny Committee is hereby quashed and set aside and
the matter is remanded back to Respondent No.2-Scrutiny
Committee for giving sufficient opportunity to the petitioner to
place on record the documents pertaining to school record of
his grandfather and certain validities granted by this Court.
iii. We make it clear that we have not expressed anything on
the merit of the matter. Respondent No.2-Scrutiny Committee
may decide the matter on its own merit and in accordance with
law.
iv. Considering the fact that the tribe claim of the petitioner
is of the year 2007, we expect Respondent No.2-Scrutiny
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committee to decide the tribe claim of the petitioner as
expeditiously as possible and preferably within a period of one
year from today.
v. With these directions Writ Petition stands disposed of.
[ABASAHEB D. SHINDE, J.] [SANDIPKUMAR C. MORE, J.]
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