KU. JYOTI SUGDEO TAYADE,versusTHE COMMITTEE FOR SCRUTINY AND VERIFICATION OF TRIBE CLAIMS

            Digitally signed
            by ARUNA
ARUNA     SANDEEP
SANDEEP   TALWALKAR
TALWALKAR Date:
            2026.09.17
            17:57:22 +0530
                                                                9.WP9621.2007.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                               WRIT PETITION NO.9621 OF 2007

Ku. Jyoti Sugdeo Tayade.                                … Petitioner.
       Versus
The Committee For Scrutiny And
Verification Of Tribe Claims and Ors.                   … Respondents

                          --------------
Mr. R.K. Mendadkar, a/w. Ms. Priyanka Shaw, Advocate for the
Petitioner.
Smt. Dhruti M. Kapadia, AGP for Respondent/State.
                          --------------
                           CORAM : M. S. KARNIK &
                                         SANDESH D. PATIL, JJ.

                                           DATE :   17th SEPTEMBER, 2026

ORAL ORDER : (Per M.S. KARNIK, J)


1.               Heard Mr. Mendadkar, learned Counsel for the Petitioner

and Mrs. Kapadia, learned AGP for the Respondent/State.

2.               The caste claim of the Petitioner as belonging to Thakur

Schedule Tribe is invalidated by the Respondent Scrutiny

Committee. Assailing the order of Scrutiny Committee, the learned

Counsel for the Petitioner submitted that the Committee has

primarily relied upon the affinity test. Further it is submitted that

pre-constitutional documents of the Petitioner’s father indicating

caste as ‘Thakur’ has not been taken into consideration.


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3.                The learned Counsel for the Petitioner relied upon several

decisions of this Court in support of his submissions as follows :

            (i)     Palghat Jilla Thandan Samudhaya Samrakshna Samithi
            and Ors. v/s. State of Kerala and Anr.1
            (ii)    Digvijay Thakur v/s. State2
            (iii) State of Maharashtra v/s. Milind & Ors.3
            (iv) Ravindra P. Khare v/s. State4
            (v)     Subodh Digambar Donge v/s. State5
            (vi) Maharashtra Adiwasi Thakur Jamaat Swarakshan
            Samiti v/s. State6.


4.                The learned AGP on the other hand supported the

impugned order. It is submitted that there is no preconstitutional

document on record to indicate the caste of the Petitioner as

Thakur and therefore, the Scrutiny Committee relied upon the

affinity test, which may be used to corroborate the documentary

evidence.

5.                We have perused the document at page 18 of the Petition.

Said document is abstract of Kotwal book of Village Nimgaon in

which the male child ‘Sugdeo’ is shown to be born to Pundlik

1           (1994) 1 SCC 359.
2           WP No. 3116 of 1996 dated 19.6.1996.
3           (2001) SCC 4.
4           2012(4) MH.L.J.406.
5           (2020) 1 BCR 210.
6           2023 SCC OnLine SC 326.


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Tukaram Thakur on 7/10/1943. Sugdeo is the Petitioner’s father.

The Petitioner has placed reliance on a          post constitutional

document being the xerox copy of the school transfer certificate in

respect of the Petitioner’s father where the caste is recorded as

Thakur.     The Petitioner’s father was admitted to the school on

14/10/1954.

6.          A perusal of the impugned order indicates that the

Scrutiny Committee has heavily relied upon the affinity test while

invalidating the caste claim of Petitioner. The Hon’ble Supreme

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. No doubt in the village extract relied upon by the

Petitioner indicated above, the caste is not indicated. The name is

indicated as Pundalik Tukaram Thakur. However, xerox copy of

the school transfer certificate in respect of the Petitioner’s father,

the caste is recorded as Thakur. The Scrutiny Committee has

brushed aside the said document.       There is hardly any reason

given by the Committee as to why the said document alongwith

other documentary evidence stand discarded. Moreover, as

indicated earlier, the caste claim has been invalidated mainly in



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view of the affinity test.

7.          The impugned order dated 25/6/2004 passed by the

Respondent Scrutiny Committee is therefore, quashed and set

aside.      The matter is remanded back to the Respondent No. 1

Committee for considering the caste claim of the Petitioner afresh

on merits and in accordance with law. We direct the Petitioner to

appear before the Respondent No. 1 on 5 th October, 2026 at 11

a.m. alongwith copy of this order and necessary documents. The

caste claim of the Petitioner be adjudicated expeditiously,

preferably within a period of 4 months from the date of

appearance. All contentions on merits are kept open.

8.          Rule is made partly absolute with no order as to cost. The

Writ Petition is disposed of.



(SANDESH D. PATIL, J.)                          (M. S. KARNIK, J.)




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