Created by Fuzzy Cloud

Bombay High Court

ASHOK UTTAM SURYAWANSHIversusSCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AND OTHERS

Disposal
DISPOSED OFF

Holding

The Scrutiny Committee’s order invalidating the petitioner’s Scheduled Tribe claim was perverse and must be set aside; the petitioner is entitled to a Scheduled Tribe ‘Thakur’ certificate.

Summary

The petitioner, Ashok Suryawanshi, sought recognition as a member of the Scheduled Tribe ‘Thakur’ and challenged the Scrutiny Committee’s order that invalidated his claim on the grounds of area restriction and failure to satisfy the affinity test. He produced pre‑independence school records of his father (1933) and brother showing the caste as ‘Thakur’, which the Committee disregarded. The High Court held that such oldest documents have high probative value and cannot be ignored, and that the affinity test cannot be the sole basis for rejecting a caste claim. Relying on earlier judgments (Abasaheb s/o Gulabrao Thakur, Lahu Dashrath Thakur, Anand v. Committee, and Maharashtra Adiwasi Thakur Jamat cases), the Court found the Committee’s order perverse. Consequently, the petition was allowed, the order quashed, and the Committee directed to issue a validity certificate for the petitioner as a member of the ‘Thakur’ Scheduled Tribe.

Issues considered

  • Whether the Scrutiny Committee may reject a Scheduled Tribe claim solely on the basis of the affinity test and area restriction while ignoring pre‑independence documentary evidence.
  • Whether pre‑independence records indicating the caste as ‘Thakur’ are sufficient to establish Scheduled Tribe status despite the existence of the same surname among forward castes.
  • Whether the affinity test can be used as a sole criterion to invalidate a tribe claim.

Subjects

  • Scheduled Tribe
  • Caste verification
  • Affinity test
  • Pre‑independence documents
  • Thakur
  • Tribe certificate
  • Maharashtra
  • Writ petition
  • Quash order

Judgment

2026:BHC-AUG:13169-DB
                                                   1                            wp-696-2022.odt

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                     WRIT PETITION NO. 696 OF 2022

             Ashok s/o Uttam Suryawanshi
             Age 58 years, Occu. Retired
             R/o Chilane, Tq. Shindkheda,
             Dist. Dhule                                                 …Petitioner

                             VERSUS

             1.        Scheduled Tribe Certificate
                       Scrutiny Committee,
                       Nandurbar Division,
                       Nandurbar

             2.        Divisional Joint Registrar
                       Co-operative Societies (Audit)
                       Nashik Division Nashik

             3.        District Special Auditor,
                       Co-operative Societies
                       Dhule                                             …Respondents
                                                 …
             Mr. Umesh B. Gite h/f. Mr. Mahesh S. Deshmukh for the petitioner.
             Ms. Chaitali R. Chaudhari-Kutti for Respondent Nos. 1 to 3.
                                                 …
                            CORAM                  : SANDIPKUMAR C. MORE AND
                                                     ABASAHEB D. SHINDE, JJ.
                                Reserved on             : 17.03.2026
                                Pronounced on           : 27.03.2026

             JUDGMENT (PER : ABASAHEB D. SHINDE, J.) :

             1.        Heard.

             2.        Rule. Rule is made returnable forthwith. By consent of the parties

             heard finally at the stage of admission.

             3.        By this Writ Petition the petitioner takes exception to the impugned

             order dated 23.03.2021 passed by Respondent No.1-Scrutiny Committee
             Narwade
                                      2                             wp-696-2022.odt

thereby invalidating the tribe claim of the petitioner of belonging to

‘Thakur’, Scheduled Tribe.

4.        Learned Counsel for the petitioner would submit that the petitioner

in support of his tribe claim has submitted the following documents :-

Sr.       Type of       Name of           Relation with    Caste    Date
No.       Record        recordholder      applicant        record
1.        School Record Ashok Uttam       Applicant        Hindu    12.06.1968
                        Suryawanshi                        Thakur
2.        School Record Uttam Dajbhau     Father           Thakur   20.04.1933
                        Thakur
3.        School Record Shaligram Uttam   Brother          Hindu    15.06.1956
                        Thakur                             Thakur



5.        He would further submit that even during the course of Vigilance

Cell Enquiry the Vigilance Cell found the following documents :-

Sr.       School Name   Name of Student Relation with      Caste    Admission
No.                                     applicant                   Date
1.        School Record Ashok Uttam       Applicant        Hindu    12.06.1968
                        Suryawanshi                        Thakur
2.        School Record Uttam Dajbhau     Father           Thakur   20.04.1933



6.        Learned Counsel for the petitioner therefore submit that despite

the above documents pertaining to pre independence era were produced

before Respondent No.1-Scrutiny Committee, the Respondent No.1-

Scrutiny Committee rejected the tribe claim of the petitioner on the

ground of area restrictions as well as failure of petitioner to satisfy the

affinity test. He, therefore urge that                Respondent No.1-Scrutiny

Committee has committed an error in not considering the oldest



Narwade
                                   3                             wp-696-2022.odt

documents having probative value as well as harping on the affinity test.

In support of his submission, the learned Counsel for the petitioner relied

on the judgement of this Court dated 25.02.2026 in Writ Petition

No.7472 of 2021 in the case of Abasaheb s/o Gulabrao Thakur Vs. Thge

State of Maharashtra and Ors. and other connected Writ Petitions.

7.        Per contra, learned AGP though supports the findings arrived at by

Respondent No.1-Scrutiny Committee, however, she does not dispute the

legal position as has been enumerated in the judgement of Abasaheb s/o

Gulabrao Thakur (supra).

8.        Having heard the learned Counsel for the petitioner as well as

learned AGP, we find that the petitioner has relied on the school record of

his father namely, Uttam Dajbhau Thakur dated 20.04.1933 as well as

school record of his real brother, namely Shaligram Uttam Thakur dated

15.06.1956 showing their caste as ‘Thakur’, Scheduled Tribe. We find that

since the petitioner has produced on record the oldest document of pre

independence era pertaining to his father dated 20.04.1933 showing the

caste of his father as ‘Thakur’, Scheduled Tribe, the Respondent No.1-

Scrutiny Committee could not have discarded the said document.

9.        We are therefore of the considered view that Respondent No.1-

Scrutiny Committee could not have invalidated the tribe claim of the

petitioner ignoring the oldest documents merely on the ground of area

restriction as well as affinity test. This Court in the case of Abasaheb s/o

Gulabrao Thakur in that regard has made following observations :-
Narwade
                                        4                                    wp-696-2022.odt

                  “12. Learned AGP also sought to contend that though the
          documents produced by the petitioner is showing caste as ‘Thakur’ that
          ipso facto does not mean that the petitioner belongs to ‘Thakur’
          Scheduled Tribe when ‘Thakur’ caste is also shown in Upper Caste,
          however, this Court in the case of Lahu Dashrath Thakur vs. Scheduled
          Tribe Certificate Scrutiny Committee, Nandurbar Region Nandurbar and
          others decided on 11.03.2025 in Writ Petition No.9283 of 2012 relying
          on the judgment of this Court in the case of Ravindra Pralhadrao Khare
          vs. State of Maharashtra and Others in Writ Petition No. 11241 of 2012,
          has dealt with the similar issue. The relevant observations of this Court in
          the case of Lahu Dashrath Thakur (supra) and more particularly
          paragraph No.9 reads thus :

                “9.     …………………………………………………….
                        In this regard, a useful reference can be made to the
                decision of the Division Bench in the matter of Ravindra
                Pralhadrao Khare Vs. State of Maharashtra and Others, in Writ
                Petition No.11241/2012. The coordinate bench had occasion to
                deal with the issue that if only Thakur is mentioned as caste in
                pre-constitutional document, then what would be the
                consequences. We reproduce paragraph nos. 3, 4, 5 and 6:

                      3. We have carefully considered the submissions. It
                      will be necessary to make a reference to the impugned
                      judgment and order. The Caste Scrutiny Committee
                      has referred to the school record of the Petitioner's
                      father which Committee has also referred to the death
                      extract of the grand father of the discloses that in the
                      year 1948, his caste was recorded as "Thakur, The
                      Scrutiny Petitioner which shows that in the year 1947,
                      his caste has been shown as "Thakur. The third
                      important document referred to by the Scrutiny
                      Committee is the service book of the Petitioner's father
                      which shows that his caste was "Thakur. These three
                      documents have been brushed aside by the Scrutiny
                      Committee by making following observations:

                      As said earlier, the only caste entry as Thakur does not
                      clarifies whether the incumbent belongs to Thakur,
                      Scheduled Tribe or Thakur, non-tribal group. Hence,
                      though the document is oldest, the same cannot be
                      treated as conclusive in nature while determining the
                      tribe claim of the applicant.

                      4. We fail to understand as to how the Caste Scrutiny
                      Committee expects. the documents of the years 1947-
                      1948 to mention as to whether the caste "Thakur"
                      belongs to the category of Scheduled Tribe or the
                      category of non-tribal. In the years 1947-1948, such
                      entries could not have been made. Another finding
                      recorded by the Tribunal is that the Petitioner could
                      not establish his affinity to the caste and to the area.
                      On this aspect, it will be necessary to make a

Narwade
                           5                                     wp-696-2022.odt

          reference to what is held by the Apex Court in the
          case of Anand (supra) in Paragraph 22. The Paragraph
          22 of the said decision reads thus:

          18. It is manifest from the afore-extracted paragraph
          that the genuineness of a caste claim has to be
          considered not only on a thorough examination of the
          documents submitted in support of the claim but also
          on the affinity test, which would include the
          anthropological and ethnological traits etc., of the
          applicant. However, it is neither feasible nor desirable
          to lay down an absolute rule, which could be applied
          mechanically to examine a caste claim. Nevertheless,
          we feel that the following broad parameters could be
          kept in view while dealing with a caste claim:

          (i) While dealing with documentary evidence, greater
          reliance may be placed on pre Independence
          documents because they furnish a higher degree of
          probative value to the declaration of status of a caste,
          as compared to post Independence documents. In case
          the applicant is the first generation ever to attend
          school, the availability of any documentary evidence
          becomes difficult, but that ipso facto does not call for
          the rejection of his claim. In fact the mere fact that he
          is the first generation ever to attend school, some
          benefit of doubt in favour of the applicant may be
          given. Needless to add that in the event of a doubt on
          the credibility of a document, its veracity has to be
          tested on the basis of oral evidence, for which an
          opportunity has to be afforded to the applicant;

          (ii) While applying the affinity test, which focuses on
          the ethnological connections with the scheduled tribe,
          a cautious approach has to be adopted. A few decades
          ago, when the tribes were somewhat immune to the
          cultural development happening around them, the
          affinity test could serve as a determinative factor.
          However, with the migrations, modernisation and
          contact with other communities, these communities
          tend to develop and adopt new traits which may not
          essentially match with the traditional characteristics of
          the tribe. Hence, affinity test may not be regarded as a
          litmus test for establishing the link of the applicant
          with a Scheduled Tribe. Nevertheless, the claim by an
          applicant that he is a part of a scheduled tribe and is
          entitled to the benefit extended to that tribe, cannot
          per se be disregarded on the ground that his present
          traits do not match his tribes peculiar anthropological
          and ethnological traits, deity, rituals, customs, mode
          of marriage, death ceremonies, method of burial of
          dead bodies etc. Thus, the affinity test may be used to
          corroborate the documentary evidence and should not

Narwade
                                       6                                     wp-696-2022.odt

                     be the sole criteria to reject a claim."
                     (Underlines added)

                     5. The Apex Court has held that the affinity test may be
                     used to corroborate the documentary evidence but should
                     not be the sole criteria to reject the caste claim.

                     6. In the present case, three material documents which we
                     have referred to earlier have been brushed aside by the
                     Scrutiny Committee by recording reasons which are not at
                     all justified and thus, the claim is rejected primarily on the
                     basis of the affinity test. In view of the law laid down by
                     the Apex Court in the case of Anand (supra), only on the
                     basis of the affinity test, the caste claim of the Petitioner
                     could not have been rejected."


              13.   It would also be apposite to refer to paragraph No.10 of the
              Judgment of Lahu Dashrath Thakur (supra) which reads thus :

                     “10. The present case is squarely covered by the
                     principles laid down by the coordinate bench referring to
                     the decision of Supreme Court in the matter of Anand Vs.
                     Committee for Scrutiny and Verification of Tribe Claims
                     and Others (supra). Even reliance on the affinity test
                     cannot be a sole criteria to reject the claim. The finding
                     recorded by the Committee for discarding the pre-
                     constitutional record is perverse which is appearing on
                     page no.48 of the paper-book.”

      14.    So far as the contention of learned AGP relying on the findings
      recorded by the respondent No.2/Scrutiny Committee regarding various
      categories of Scheduled Tribe with synonymity is concerned, no doubt the
      Scrutiny Committee has relied on five categories of caste ‘Thakur’ however,
      we are concerned with Serial No.1 as it refers to ‘Thakur’ which is found
      Serial No.44 of the Constitutional Order. Serial Nos.2 and 3 are ‘Thakar’
      and therefore, they are irrelevant. Serial Nos.4 and 5 refers to ‘Thakur’ of
      upper caste or some other caste.

      15.     We however, find that there was no occasion for either the
      petitioner or his forefathers to fraudulently record their caste as ‘Thakur’ so
      as to claim themselves of belonging to Scheduled Tribe ‘Thakur’. In the
      light of documents of pre-independence era, we are of the considered view
      that the petitioner and his forefathers have to be treated as Scheduled
      Tribe ‘Thakur’ more so in the absence of any material to show that they
      belong to the upper caste ‘Thakur’. We have already held that one entry
      showing the caste of petitioner's uncle as ‘Brahmbhat’, cannot discard the
      previous entries showing the caste of petitioner’s forefathers as ‘Thakur’
      Scheduled Tribe. We are therefore, of the considered view that the case of
      petitioner is squarely covered by the judgment of this Court in the case of
      Lahu Dashrath Thakur (supra).

      16.    Last but not the least, it is contended by learned AGP that in the

Narwade
                                         7                                    wp-696-2022.odt

      light of Judgment of the Hon’ble Apex Court in the case of Maharashtra
      Adiwasi Thakur Jamat Swarakshan Samiti Vs. The State of Maharashtra
      and Ors. reported in 2023 (16) SCC 415 as well as the subsequent order
      passed by the Hon’ble Apex Court dated 12.12.2025 in Civil Appeal No.
      2502 of 2022 in the case of Maharashtra Adiwasi Thakur Jamat
      Swarakshan Samiti Vs. The State of Maharashtra and Ors., the Scrutiny
      Committee can take the affinity test as one of the relevant factor for
      invalidation of tribe claim and this exactly what has been done by the
      Scrutiny Committee while invalidating the petitioner’s tribe claim of
      belonging to ‘Thakur’ Scheduled Tribe since, petitioner has failed to satisfy
      the affinity test.

      17.   In that regard, it would be profitable to refer to the observations of
      the Hon’ble Apex Court in paragraph No. 21 of Maharashtra Adiwasi
      Thakur Jamat Swarakshan Samiti (supra).

                  “21. In the impugned judgment in Civil Appeal No. 2502 of
                  2022 (Shilpa Vishnu Thakur's case"), the Full Bench of the
                  Bombay High Court has noted that people having the
                  surname "Thakur" belong to both forward castes and various
                  backward castes. Therefore, the Full Bench may be right in
                  saying that in every case, only on the basis of the surname
                  Thakur, it cannot be concluded by the Scrutiny Committee
                  that the applicant belongs to Scheduled Tribe Thakur
                  notified in the Entry 44 of the Maharashtra list. However, we
                  must note that in the case of a person having the surname
                  Thakur, there may be evidence in the form of entry of the
                  name of the caste as a Tribe or Scheduled Tribe in the land
                  records, school or college records or any official records
                  concerning the applicant or his ancestors. Only on the
                  ground that the persons having the surname Thakur may
                  belong to a forward caste as well, it is not necessary that in
                  every case, the Scrutiny Committee should send the case to
                  Vigilance Cell. It all depends on the nature of the documents
                  produced before the Caste Scrutiny Committee and the
                  probative value of the documents. Therefore, whenever a
                  caste claim regarding Thakur Scheduled Tribe is considered,
                  the Caste Scrutiny Committee in every case should not
                  mechanically refer the case to the Vigilance Cell for
                  conducting an enquiry including affinity test. The reference
                  to the Vigilance Cell can be made only if the Scrutiny
                  Committee is not satisfied with the material produced by the
                  applicant.”

          18.     It is clear from the observations of the Hon’ble Apex Court that it
          would depend on the nature of the document produced before the
          Scrutiny Committee for referring the matter to the vigilance cell enquiry.
          We have already observed that the documents pertaining to 1919,1925
          and 1934 cannot be brushed aside which unequivocally shows the tribe
          claim of petitioner’s forefathers of pertaining to ‘Thakur’ Scheduled Tribe.
          We therefore, do not find any substance in contention of learned AGP in
          that regard.”


Narwade
                                      8                           wp-696-2022.odt

10.       In the light of the above observations of this Court in the case of

Abasaheb s/o Gulabrao Thakur (supra), we find that the decision of the

Respondent No.1-Scrutiny Committee thereby invalidating the tribe claim

of the petitioner on the ground of affinity test as well as area restriction

without considering the oldest documents which supports the case of the

petitioner, is perverse and is therefore liable to be quashed and set aside.

We, therefore, are inclined to allow this Writ Petition by passing the

following order :-

                                    :: O R D E R ::


               i.       The Writ Petition is allowed.

               ii.      The impugned order passed by Respondent No.1-

               Scrutiny Committee dated 23.03.2021 thereby invalidating

               the tribe claim of the petitioner is hereby quashed and set

               aside.

               iii.     The respondent No.1-Scrutiny Committee is hereby

               directed to issue validity certificates to the petitioners of

               belonging to ‘Thakur’, Scheduled Tribe.

               iv.      Rule is made absolute in above terms.




 (ABASAHEB D. SHINDE, J.)                       (SANDIPKUMAR C. MORE , J.)




Narwade


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.