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Bombay High Court

ASHOK TUKARAM FULEWADversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court allowed the writ petition and directed the petitioner to appear before the Scrutiny Committee for a fresh hearing on his Scheduled Tribe claim.

Summary

The petitioner, Ashok Tukaram Phulewad, challenged the invalidation of his claim to belong to the Mannervarlu Scheduled Tribe by the Scheduled Tribe Caste Certificate Verification Committee of Chhatrapati Sambhajinagar. The Committee had dismissed his claim on the ground of his repeated non‑appearance despite several notices, which the petitioner contended he did not receive except one. He argued that the lack of notice prevented him from producing the tribe validity certificate already issued to his brother's daughter, and he offered to appear before the Committee if the matter were remanded. The State, represented by the AGP, opposed the petition, asserting that the petitioner was duly notified on four occasions and his absence justified the rejection of his claim. The Court, after examining the record, noted the petitioner’s absence but directed that he be given a fresh hearing before the Scrutiny Committee on a specified date, allowing the petition with costs. Accordingly, the petitioner was ordered to appear before the Committee and to deposit costs of Rs.10,000 with the High Court Legal Services Sub‑Committee.

Issues considered

  • Whether the petitioner’s claim to Scheduled Tribe status can be reconsidered despite his prior non‑appearance before the Verification Committee.
  • Whether the Court can direct a fresh hearing before the Scrutiny Committee and allow the writ petition.

Subjects

  • Scheduled Tribe
  • Caste Certificate
  • Verification Committee
  • writ petition
  • pension
  • notice
  • remand
  • costs

Judgment

2026:BHC-AUG:26145-DB


                                                                             6839.26wp
                                                  (1)

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             944 WRIT PETITION NO. 6839 OF 2026

                               ASHOK TUKARAM FULEWAD
                                       VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY
                                     AND OTHERS
                                                 …..
                Mr G. K. Chinchole, Advocate h/f Mr A. C. Kanle, Advocate for
                Petitioner
                Ms J. P. Reddy, AGP for Respondents/State
                                               …..
                                        CORAM : KISHORE C. SANT
                                                           AND
                                                  AJIT B. KADETHANKAR, JJ.

                                           DATE : 02nd JULY 2026
                PER COURT :-


                1.           Heard learned Advocate for the petitioner and learned

                AGP for respondents.


                2.           Issue notice to the respondents, returnable forthwith.

                Learned AGP waives service of notice on behalf of all the respondents.


                3.           With consent of learned Advocate for petitioner and

                learned AGP, this matter is taken up for final disposal at the stage of

                admission.


                4.           The grievance of the petitioner in this petition is very

                limited. The tribe claim of the petitioner belonging to ‘Mannervarlu’
                                                              6839.26wp
                                   (2)

Scheduled Tribe came to be invalidated by respondent No.2/Scheduled

Tribe   Caste    Certificate   Verification   Committee,    Chhatrapati

Sambhajinagar vide its judgment dated 24/03/2026, on the ground that

petitioner, in spite of several notices sent to him, remained absent for

hearing before the Committee.


5.          Learned Advocate for the petitioner submits that, only one

notice dated 06/10/2025 for appearing before the Committee on

14/10/2025 is received by the petitioner.      Earlier notices and the

notices thereafter were not received by the petitioner.     He further

submits that a validity certificate has already been issued to the

daughter of his brother, namely, Rajeshri Kachru Phulewad. Because

he could not get notice, he could not produce validity certificate of

tribe. He submits that petitioner undertakes to remain present before

the Scrutiny Committee, if the matter is remanded.


6.          Learned AGP vehemently opposes the petition.            She

submits that, on four occasions, notices were sent to the petitioner,

however, he did not remain present and it is because of his absence,

there was no alternative to the Committee, but to dismiss/reject his

caste claim. The Committee has considered his matter on merits and

invalidated his claim on that count.
                                                              6839.26wp
                                   (3)

7.           Upon hearing the respective sides and perusing the record,

the fact remains that the petitioner was not present before the

Committee. Although his absence cannot be condoned, the petitioner

was in service and after his retirement, is now receiving pension for

the post of Assistant Sub Inspector instead of a Police Sub Inspector,

because of non-submission of tribe validity certificate.


8.           In view of above, we dispose of this petition by directing

the petitioner to approach respondent No.2/Scrutiny Committee on

15/07/2026 at 11.00 a.m. The Committee shall give hearing to the

petitioner on the same date and pass appropriate order thereafter, as

early as possible.     The order of this Court shall be followed

scrupulously. Looking to the conduct of the petitioner, this petition is

allowed with costs of Rs.10,000/- to be deposited by the petitioner

with the High Court Legal Services Sub-Committee, Aurangabad

within a period of one week from today. Receipt of depositing costs

be shown to the Committee. It is open for the petitioner to approach

the Committee with the documents upon which he wants to rely upon.




[AJIT B. KADETHANKAR, J.]                   [KISHORE C. SANT, J.]
sjk


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