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Bombay High Court

AMOL KALYAN SALUNKHEversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

Disposal
Allowed

Holding

The Court quashed the Scrutiny Committee’s order and directed issuance of a validity certificate to the petitioner as a member of the ‘Thakar’ Scheduled Tribe.

Summary

The petitioner, a government employee, claimed belonging to the ‘Thakar’ Scheduled Tribe and sought a validity certificate. His claim was examined by the Scheduled Tribe Certificate Scrutiny Committee, which, after a vigilance inquiry, invalidated his claim. The petitioner argued that his siblings' similar claims had been upheld by this Court, and under the applicable tribal scrutiny rules, a certificate should be issued to him without further proof if a paternal relative holds one. The Court noted that the Committee had applied identical reasoning to the petitioner and his siblings, and that the siblings' certificates had been ordered by this Court. Consequently, the Court quashed the Committee’s order and directed issuance of the validity certificate to the petitioner within two weeks, allowing the writ petition.

Issues considered

  • Whether the Scrutiny Committee's order invalidating the petitioner's claim to the ‘Thakar’ Scheduled Tribe is legally sustainable in view of the Court's earlier orders granting certificates to his siblings.

Subjects

  • Scheduled Tribe
  • Thakar tribe
  • Validity certificate
  • Tribal scrutiny
  • Writ petition
  • Maharashtra

Judgment

                                                                                          WP-3029-2025-1.doc


            Digitally signed
            by HARISH
                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            VITHAL
HARISH
VITHAL
            CHAUDHARI
            Date:
                                                      CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI   2026.10.05
            12:18:07
            +0530
                                                       CIVIL APPELLATE JURISDICTION

                                                    WRIT PETITION NO. 3029 OF 2025

                               Amol s/o Kalyan Salunkhe.
                               Age :34 years. Occ: Service
                               R/o, Patole Galli, At Post. Wafale Tq. Mohol.
                               Dist. Solapur.                                           ...Petitioner.

                                          Versus

                               1.       The State of Maharashtra
                                        Department of Tribal Development.
                                        Mantralaya. Mumbai-32.
                                        through its Secretary.

                               2.       Sub Divisional Oicer.
                                        Pandharpur. Tq. Pandharpur.
                                        Dist. Solapur

                               3.       Scheduled Tribe Certiicate
                                        Scrutiny Committee.
                                        Pune.
                                        Through its Member Secretary.

                               4.       Supdt. of Post Olices, Solapur.
                                        Sub Division inspector Posts.
                                        Barshi, Solapur.                                ...Respondents.

                                                               ——————
                               Mr. Saurabh P. Tandale a/w Jitendra Arun More & Onkar P. Ghatge for the
                               Petitioner.
                               Ms. Tejas J. Kapre, AGP for the Respondent-State.
                                                               ——————

                                                                 Coram :     Sharmila U. Deshmukh &
                                                                             Neeraj P. Dhote, JJ.
                                                                 Date      : October 5, 2026.



                               Harish                             1 of 5
                                                                WP-3029-2025-1.doc


FINAL ORDER : (PER NEERAJ P. DHOTE, J.)


1.        By consent of both the sides, heard inally at the admission stage.


2.        Impugned in this writ Petition is the order dated 3 rd October 2024

passed by the Respondent No.3-Scrutiny Committee invalidating the

claim of the Petitioner towards ‘Thakar’-Scheduled Tribe.


3.        The Petitioner is in the services of the Respondent No.4-Post

Oice. He claims to be belonging to the ‘Thakar’-Scheduled Tribe. His

caste certiicate as belonging to the ‘Thakar’-Scheduled Tribe came to

be       referred   for   veriication     to     the   Respondent   No.3-Scrutiny

Committee. In support of his claim, the Petitioner relied on several

documents of his blood relatives from the paternal side. The Committee

referred the Petitioner's claim for vigilance inquiry. The vigilance inquiry

submitted its report. The Petitioner submitted the reply to the show

cause notice. Considering the documents on record, the impugned

order came to be passed by the Respondent No.3-Scrutiny Committee.


4.        It is submitted by learned counsel for the Petitioner that, there is

no dispute about the genealogy. The Respondent No.3-Scrutiny

Committee, by diferent orders dated 3rd September 2024, invalidated

the Tribe claim as belonging to the ‘Thakar’-Scheduled Tribe of the




Harish                                  2 of 5
                                                           WP-3029-2025-1.doc


Petitioner's brother and sister. The said orders were challenged by the

Petitioner's brother and sister before this Court in Writ Petition Nos.

12900 of 2024 and 12899 of 2024 which came to be allowed and the

said orders invalidating their Tribe claim came to be quashed and set

aside, and the Respondent No.3-Scrutiny Committee is directed to issue

the validity certiicates to them as belonging to ‘Thakar’-Scheduled

Tribe. He tenders across the bar the copy of the common Order passed

in the said writ petition and the copies of the Orders invalidating the

Tribe claims of his brother and sister. He submits that as per the

relevant rules framed under the statute governing the tribe scrutiny

provides that, if the blood relative of the applicant from the paternal

side is having the validity certiicate, the validity certiicate is to be

issued to the applicant without any further proof. He submits that the

Petition be allowed in terms of its prayer clauses.


5.       Learned AGP appearing for the Respondent Nos.1 to 3 submits

that no fault can be found with the impugned Order as the same is

based on the documents on record. She fairly submits that this Court set

aside the orders passed by the Respondent No.3-Scrutiny Committee

invalidating the tribe claim of the Petitioner's brother and sister.


6.       Perusal of the impugned Order and the orders passed by the

Respondent No.3-Scrutiny Committee invalidating the tribe claim of the


Harish                            3 of 5
                                                        WP-3029-2025-1.doc


Petitioner's brother and sister goes to show that, the documents

submitted by the Petitioner and his siblings before the Respondent No.

3-Scrutiny Committee were the same and Respondent No.3-Scrutiny

Committee recorded the identical indings and gave identical reasons

invalidating the tribe claim of the Petitioner and his siblings. The

impugned Order is subsequent to the orders of the Respondent No.3-

Scrutiny Committee passed in the matters of the Petitioner's brother

and sister. This aspect is not disputed.


7.        The perusal of the common order dated 24th June 2026 passed by

this Court in the aforesaid writ petition shows that, after hearing both

the sides and considering the material on record, this Court allowed the

said writ petition and directed issuance of the validity certiicates in

favour of the Petitioner's brother and sister. This being the undisputed

factual position, the Petitioner cannot be deprived of the validity

certiicate towards the ‘Thakar’-Scheduled Tribe. Hence, the following

order:

                                     ORDER

         a)   The Writ Petition is allowed.

         b)   The impugned order dated 3rd October, 2024 passed by
              Respondent No.3-Scrutiny Committee is quashed and set
              aside.



Harish                               4 of 5
                                                              WP-3029-2025-1.doc


         c)   The Respondent No.3-Scrutiny Committee is directed to
              issue the validity certiicate to the Petitioner as
              belonging to the ‘Thakar’-Scheduled Tribe within a period
              of two (2) weeks.



8.        The Writ Petition stands disposed of accordingly.



 [Neeraj P. Dhote, J.]                        [Sharmila U. Deshmukh, J.]




Harish                              5 of 5


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