Bombay High Court

NITIN BABANRAO SHANKPALversusTHE STATE OF MAHARASHTRA AND ANOTHER

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

Holding

The Court held that, having granted conditional validity to close blood relatives of the petitioner in earlier proceedings, the petitioner is likewise entitled to conditional validity of his Scheduled Tribe claim.

Summary

The petitioner, Nitin Babanrao Shankpal, filed a writ petition challenging a Scrutiny Committee order that invalidated his claim to belong to the “Thakur” Scheduled Tribe. He relied on earlier judgments that granted conditional validity to his close blood relatives – his cousin uncle Dinesh Bapurao Shankpal (W.P. No. 4707 of 2021) and his cousin sister Disha Dinesh Thakur (W.P. No. 15304 of 2023). The State argued that discrepancies in the petitioner’s documents showed he does not belong to the tribe. The Court examined the rival submissions and, noting the precedent of conditional validity granted to the relatives, concluded that the petitioner likewise deserves conditional validity. Consequently, the Court partially allowed the petition, quashed the Scrutiny Committee’s order, and directed issuance of a tribe‑validity certificate subject to the final outcome of the matter.

Issues considered

Whether the petitioner is entitled to conditional validity of his claim to belong to the “Thakur” Scheduled Tribe in view of the Court’s earlier orders granting conditional validity to his close relatives.
Whether the Scrutiny Committee’s order invalidating the petitioner’s caste claim should be set aside.

Subjects

Scheduled Tribe
caste certificate
conditional validity
Scrutiny Committee
writ petition
quash order

Judgment

2026:BHC-AUG:1323-DB
(1)
950 W.P. No. 5323-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

950 WRIT PETITION NO. 5323 OF 2021

NITIN BABANRAO SHANKPAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for the Petitioner : Mr. Sushant C. Yeramwar
AGP for Respondent/State: Mr. V.M. Jaware
...

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

DATED : JANUARY 13, 2026

ORDER:-

1. Heard the learned counsel for the petitioner and learned A.G.P.

appearing on behalf of the respondent/ Scrutiny Committee as well as

State.

2. By the present Writ Petition, the petitioner is taking an

exception to the impugned order dated 08.02.2021, passed by the

respondent No.2/ Scrutiny Committee, thereby invalidating the caste

claim of the petitioner of belonging to “Thakur” Scheduled Tribe.

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

of the genealogy, produced before the Scrutiny Committee, it could be

seen that, the cousin uncle of the petitioner, namely Dinesh Bapurao

Shankpal has been granted validity by this Court in W.P. No. 4707 of

2021 vide order dated 07.10.2025.
(2)
950 W.P. No. 5323-2021.odt
4. The learned counsel for the petitioner further submits that, the

daughter of said Dinesh, who is cousin sister of the petitioner namely

Disha Dinesh Thakur, whose tribe claim was invalidated by the

Scrutiny Committee, had challenged the same by filing Writ Petition

No.15304/2023, and this Court, by an order dated 01.08.2024, after

considering all the selfsame material granted conditional validity in

favour of the close blood relative of the petitioner. He, therefore,

urged that the petitioner deserves to be granted conditional validity.

5. Per contra, the learned A.G.P. submits that, the scrutiny

committee, while passing the impugned order, has noticed certain

interpolations and contra entries, which shows that the petitioner does

not belong to “Thakur” Scheduled Tribe.

6. Having considered the rival submissions advanced by the

learned counsel for the petitioner and learned A.G.P., we find that

once the cousin uncle of the petitioner namely Dinesh Bapurao Thakur

has been granted validity by this Court vide order dated 07.10.2025

so also to the cousin sister of the petitioner, namely Disha Dinesh

Thakur vide order dated 01.08.2024 in Writ Petition No. 15304 of

2023, we find that the petitioner deserves to be granted conditional

validity.

7. In that view of the matter, we pass the following order :-
(3)
950 W.P. No. 5323-2021.odt

ORDER

(i) The Writ Petition is partly allowed.

(ii) The impugned order dated 08.02.2021 passed by respondent
No.2/ Scrutiny Committee is hereby quashed and set aside.

(iii) Respondent No.2- Committee shall immediately issue tribe
validity certificate to the petitioner as belonging to “Thakur”
Scheduled Tribe.
(iv) The validity shall be subject to the final outcome of the matters
which the committee has decided to re-open.
(v) The petitioner shall not be entitled to claim equities.

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

YSK/

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