Created by Fuzzy Cloud

Bombay High Court

VIJAY BALU SIDDHAGAVALIversusSTATE OF MAHARASHTRA THR ITS SECRETARY SOCIAL JUSTICE DEPT. AND ORS

Disposal
Disposed Off

Holding

The order of the Scrutiny Committee invalidating the petitioner's tribe claim is quashed and the matter is remanded for fresh consideration.

Summary

The petitioner, Vijay Balu Siddhagavali, claimed membership in the Masanjogi Nomadic Tribe and submitted a caste certificate to the District Caste Certificate Scrutiny Committee for verification. The Committee, after a vigilance inquiry, invalidated his claim on the basis that his cousin, a validity certificate holder, denied any blood relation with him. The petitioner later produced an affidavit from the cousin admitting the relationship and presented additional validity certificates of other blood relatives issued after the impugned order. Relying on these subsequent developments, the petitioner sought a fresh consideration of his tribe claim. The High Court quashed the Committee’s order, remanded the matter for fresh consideration, and directed the petitioner to appear before the Committee, thereby disposing of the writ petition.

Issues considered

  • Whether the District Caste Certificate Scrutiny Committee erred in invalidating the petitioner's claim to the Masanjogi Nomadic Tribe on the ground of alleged lack of blood relation.
  • Whether the subsequent affidavits and validity certificates of blood relatives warrant setting aside the impugned order and remanding the matter for fresh consideration.

Subjects

  • caste certificate
  • tribal status
  • validity certificate
  • scrutiny committee
  • writ petition
  • remand
  • reservation
  • Masanjogi Nomadic Tribe

Judgment

                                                      902-WP-3777-2022 (C)-J.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 3777 OF 2022

Vijay Balu Siddhagavali,
Aged 30 Years, Residing at
Chavan Colony, Ashta,
Taluka : Walva, District : Sangli.                   ...Petitioner.

             Versus

1.      State of Maharashtra,
        Through Its Secretary,
        Social Justice Department,
        Mantralaya, Mumbai – 32.

2.      District Caste Certiicate
        Scrutiny Committee, Sangli
        Through it’s Member Secretary,
        Having its oice at
        Dr. Babasaheb Amedkar Samajik
        Nyay Bhavan, Old Budhgaon Road,
        District : Sangli – 416 416.

3.      Sub Divisional Oicer,
        (Revenue), Walwa Division,
        Islampur, District : Sangli.                 ....Respondents.

                                ——————
Mr. Shantanu B. Patil with Mr. Kunal Nalwade, Advocate for the Petitioner.
Mr. Siddheshwar B. Kalel, AGP, for the Respondents-State.
                                ——————
                                     Coram :   Sharmila U. Deshmukh &
                                               Neeraj P. Dhote, JJ.
                           Reserved on :       September 11, 2026.
                         Pronounced on :       September 22, 2026.



Gaikwad RD                           1 of 5
                                                     902-WP-3777-2022 (C)-J.doc


JUDGMENT : (Per Neeraj P. Dhote, J.)

1.       Heard inally by consent of both the sides at the admission stage.

2.       Impugned in this writ petition is the order dated 24 th December

2021 passed by the Respondent No. 2 - Scrutiny Committee invalidating

the claim of the Petitioner towards 'Masanjogi' Nomadic Tribe.

3.       The Petitioner claims to be belonging to the 'Masanjogi' Nomadic

Tribe.       He is having the caste certiicate to that efect.      Since the

Petitioner wanted to pursue further education from the reserved seat,

he submitted his caste certiicate for veriication to the Respondent

No.2-Scrutiny Committee. The Respondent No.2-Scrutiny Committee

referred the Petitioner's claim for vigilance inquiry. After receipt of the

Vigilance inquiry report, the Petitioner was given opportunity of

hearing. The Petitioner relied on several documents in support of his

claim. By the impugned order, the claim came to be invalidated mainly

on the ground that, the validity holder denied his blood relations with

the Petitioner.

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

of the documents relied upon by the Petitioner in support of his caste

claim was the validity certiicate of his cousin brother-Sainath, who

initially, due to misunderstanding, submitted the aidavit before the

Respondent No.2-Scrutiny Committee denying blood relations with the


Gaikwad RD                         2 of 5
                                                   902-WP-3777-2022 (C)-J.doc


Petitioner. He further submitted that, when the said cousin brother-

Sainath came to know his blood relations with the Petitioner, he has

submitted the aidavit in this writ petition admitting the blood

relations with the Petitioner. He further submitted that, there are three

validity holders in the blood relations of the Petitioners, namely, Pratik

Rajendra Siddhagavali, Aditya Mahesh Siddhagavali and Lokesh Krishna

Siddhagavali.    He submitted that, once the blood relatives of the

Petitioners are issued the validity certiicates towards the same caste,

the Petitioner is entitle for the validity certiicate. He submitted that,

the matter be remanded to the Respondent No.2-Scrutiny Committee

for reconsideration in view of the subsequent developments.

5.      It is submitted by learned AGP that, since the Petitioner's cousin

brother-Sainath, having the validity certiicate, denied the blood

relations with the Petitioner, the Respondent No.2-Scrutiny Committee

has rightly invalidated the tribe claim and therefore, no interference is

called for in the impugned order.

6.      Perusal of the papers enclosed with this writ petition goes to

show that, the Petitioner had submitted the genealogy by way of the

aidavit before the Scrutiny Committee. The said genealogy is

reproduced below:




Gaikwad RD                        3 of 5
                                                    902-WP-3777-2022 (C)-J.doc


                        Marayappa siddhagavali
                       (Great Great Grand Father)


    Govindappa                                   Gangaram
(Great Grand Father)                 (Paternal Great Grand Father)

       Balu                                        Sanjay
     (Father)                                 (Paternal Uncle)

        Vijay                                      Sainath
       (Self)                                 (Cousin Brother)



7.      There appears no dispute about the said genealogy. The

impugned order goes to show that, though the Petitioner submitted in

all 18 documents in support of his claim, he mainly relied on the validity

certiicate of his cousin brother-Sainath, who denied the blood relation

with the Petitioner. The Petitioner relies on the aidavit of Sainath

Sanjay Gavali stating that, due to misunderstanding, he denied his relation

with the Petitioner, when the matter was under consideration before

Respondent No.2–Scrutiny Committee, however, later on he learnt that the

Petitioner was his relative from the paternal side and his validity

certiicate was being relied by the Petitioner. Further, the Petitioner has

tendered the additional aidavit alongwith the copies of the validity

certiicates dated 6th January 2026, 11th February 2026 and 16th June

2026 in respect of his blood relatives, which are subsequent to the order

impugned.




Gaikwad RD                       4 of 5
                                                                                902-WP-3777-2022 (C)-J.doc


                        8.         In view of the above subsequent events, the ends to justice would

                        meet, if the order impugned is set aside and the matter is remanded to

                        the Respondent No.2-Scrutiny Committee for reconsideration and

                        passing appropriate order by giving opportunity to the Petitioner to

                        prove his relations with the validity holders, namely, Sainath, Pratik,

                        Aditya and Lokesh. Hence, the following order:

                                                             ORDER

                              i)      The order dated 24th December 2021 passed by Respondent

                                      No. 2 – Scrutiny Committee invalidating the Petitioner's claim

                                      towards 'Masanjogi' Nomadic Tribe is quashed and set aside.

                              ii)     The Petitioner's tribe claim is remanded to the Respondent

                                      No.2-Scrutiny Committee for fresh consideration and decision

                                      in accordance with law, after giving opportunity to the

                                      Petitioner to prove his relations with the validity holders.

                              iii)    The Petitioner shall appear before the Respondent No.2-

                                      Scrutiny Committee on 28th September 2026.

                              iv)     The Writ Petition accordingly stands disposed of.



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

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.09.22
           18:00:55
           +0530




                        Gaikwad RD                            5 of 5


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.