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Bombay High Court

SAPNA GANESH SADARAV AND ANRversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

Disposal
DISPOSED OFF

Holding

The Court held that the matter must be remanded to the Scrutiny Committee for a fresh inquiry, with the vigilance officer personally verifying the school record entry.

Summary

The petitioners claimed that they belong to the Tokre Koli Scheduled Tribe, but the Scheduled Tribe Certificate Scrutiny Committee rejected their claim on the ground that the 1943 school record of their great‑grandfather appeared suspicious and that other relatives were recorded as Koli. The petitioners argued that the single entry showing Tokre Koli for the great‑grandfather should be sufficient and that the committee could not rely merely on suspicion, seeking a remand for fresh inquiry. The respondents contended that there were no school records for the petitioners' father or grandfather, making the great‑grandfather's entry unreliable, and opposed any remand. The Court observed that the vigilance officer had not personally verified the school entry and that such verification was essential before reaching a conclusion. Consequently, the Court remanded the matter to the Scrutiny Committee, directing the vigilance officer to visit the school, verify the entry, and submit a report, with the committee to decide the tribe claim within six months. The writ petition was thereafter disposed of.

Issues considered

  • Whether the Scrutiny Committee's rejection of the petitioners' Tokre Koli tribe claim, based on suspicion about a single school record entry, is legally valid.
  • Whether personal verification by a vigilance officer of the school record is required before the committee can decide the tribe claim.
  • Whether the petition should be remanded for a fresh inquiry into the tribe claim.

Subjects

  • Scheduled Tribe
  • Tokre Koli
  • tribe claim
  • Scrutiny Committee
  • vigilance officer
  • school records
  • remand
  • writ petition
  • Bombay High Court

Judgment

2026:BHC-AUG:36723-DB


                                                1              28-wp 4584-2026.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 4584 OF 2026

                 Sapna Ganesh Sadarav And Another                         .. Petitioners

                        Versus

                 The State Of Maharashtra
                 Through Secretary And Others                             .. Respondents

                 Mr. Dhananjay B. Thoke, Advocate for Petitioners (Through V.C.).
                 Mr. S. R. Yadav-Lonikar, AGP for Respondent Nos. 1 to 3.

                                         CORAM : KISHORE C. SANT AND
                                                 JITENDRA JAIN, JJ.
                                         DATE       :   14th AUGUST, 2026.

                 PER COURT :-

                 1.     Heard for some time.


                 2.     The petitioner’s tribe claim as belonging to ‘Tokre Koli’ is

                 negatived by the members of the Scheduled Tribe Certificate

                 Scrutiny Committee, Dhule by judgment and order dated

                 18.03.2026. The main reason for invalidating the tribe claim is

                 that the entry in the name of great grandfather of the petitioners

                 in the school record of 1943 appears to be suspicious. Further

                 ground is that caste of all other relatives i.e. great grand uncle is

                 shown to be Koli since 1926.
                              2             28-wp 4584-2026.odt


3.    The learned advocate Mr. Thoke for the petitioners

vehemently argued that, in fact, when the entry of great

grandfather shown the tribe as ‘Tokre Koli’, there is no reason to

go to the entries of other relatives. The entry in the name of great

grandfather is of 1943 from the school record. He further submits

that merely on suspicion the committee cannot decide the tribe

claim of the petitioners. At last, he submits that at the most the

case need be remanded.


4.    The learned A.G.P. vehemently opposes the petition. He

submits that in the entire record, there is only one entry in the

name of great grandfather of the school. There are no entries

even of the father of the petitioner and of the grandfather of the

petitioner showing that they have attended the school. In this

view of the fact, it is highly improbable that his grandfather whose

record is available. He thus opposes the prayer for remand.


5.    It transpires during the course of hearing that the entry in

the name of great grandfather in the year 1943 is not personally

verified by the vigilance officer.   This Court finds that, it was

necessary for the vigilance officer to personally verify the entry

and it is only thereafter to arrive at some conclusion since the
                                  3             28-wp 4584-2026.odt


entry is in respect of great grandfather. When there is entry in the

name of great grandfather, this Court, therefore, remands the

matter back to the scrutiny committee for fresh inquiry.              The

vigilance officer to specifically visit the school shown to have been

attended by the great grandfather and to verify the entries

personally and to submit the report. The matter is remanded back

only to that extent. The scrutiny committee to decide the tribe

claim of the petitioners within six months from today.


6.       With this, the writ petition stands disposed of.


7.       Needless to say that, after vigilance cell’s report is received,

the petitioners will be at liberty to submit their say on the said

report.



( JITENDRA JAIN, J.)                          ( KISHORE C. SANT, J. )



P.S.B.


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