Bombay High Court
DILIP V DONEversusCOMM. OF SCRUTINY and CASE VERFICATION OR TRIBE CLAIMS AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petitioner is declared to belong to the Thakur Scheduled Tribe and the Scrutiny Committee's order is quashed.
Summary
The petitioner, the late Dilip Vishwanath Donge, challenged the Scrutiny Committee's order that invalidated his claim to belong to the Thakur Scheduled Tribe. His daughter, Kum. Mayuri Dilip Donge, had earlier been issued a Certificate of Validity by the same Committee following a Bombay High Court decision (Writ Petition No.511 of 2018) that relied on pre‑constitutional documents. The petitioner argued that, as the father of a person declared a member of the tribe, he too should be recognized as such. The Court, relying on the earlier judgment and Supreme Court precedent, held that the petitioner is entitled to the same tribal status and quashed the Committee's order. Consequently, the petition was allowed and the petitioner was declared a member of the Thakur Scheduled Tribe, with his heirs directed to apply for a Certificate of Validity.
Issues considered
- Whether the father of a person declared as belonging to the Thakur Scheduled Tribe is himself entitled to be recognized as a member of that tribe.
- Whether the Scrutiny Committee's order invalidating the petitioner's caste name can be set aside.
- How pre‑constitutional documents should be interpreted in determining Scheduled Tribe status.
Subjects
- Scheduled Tribe
- Caste Verification
- Scrutiny Committee
- Certificate of Validity
- Pre‑constitutional documents
- Tribal status
- Bombay High Court
Judgment
19-WP-9669-2007.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9669 OF 2007
Dilip Vishwanath Donge (since deceased)
Through legal heir wife
Mangala Dilip Donge .....Petitioner
Versus
Committee of Scrutiny and Caste Verification of
Tribe Claims Amraoti and Ors. .....Respondents
.....
Mr. R. K. Mendadkar a/w Ms. Priyanka Shaw, Mr. Siddhant Sawai
and Mr. Jagdish Kawale, for the Petitioner.
Mr. N. C. Walimbe, Addl. G. P. and Mr. R. M. Shinde, A.G.P., for the
Respondent-State.
..…
CORAM : M. S. KARNIK &
SANDESH D.PATIL, JJ.
DATE : 20th AUGUST 2026
P.C.:-
1. Heard learned Counsel for the Petitioner.
2. The caste name of the Petitioner as belonging to the Thakur
Scheduled Tribe has been invalidated by the Respondent No.1-
Committee of Scrutiny and Caste Verification of Tribe Claims (the
“Scrutiny Committee” for short).
3. During the pendency of the Petition, the Petitioner’s daughter-
Kum. Mayuri Dilip Donge has been issued with a Certificate of
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Digitally signed by
MANISHA MANISHA
BALKRISHNA
BALKRISHNA TALEKAR
TALEKAR Date: 2026.08.21
18:44:59 +0530
19-WP-9669-2007.doc
Validity as belonging to the Thakur Scheduled Tribe. This is based on
the decision of this Court, Bench at Nagpur, dated 11 th February,
2020 in Writ Petition No.511 of 2018. By a reasoned Order, this
Court had directed the Scrutiny Committee to issue a Certificate of
Validity in favour of the Petitioner’s daughter-Kum. Mayuri Dilip
Donge. This Court in paragraph 6 observed that, there are various
pre-constitutional documents showing that the Petitioner belongs to
Thakur Scheduled Tribe. Thus, on the basis of the documents
submitted, Kum. Mayuri Dilip Donge was issued the Certificate of
Validity.
4. An additional affidavit dated 17th August, 2026 has been filed
by the Petitioner’s wife along with the Vigilance Cell Report in
respect of the verification of caste name of Kum. Mayuri Dilip Donge
by the Scrutiny Committee is placed on record. Annexed to the
Vigilance Cell Report, is a genealogy tree duly verified by the
Vigilance Cell. In the genealogy tree, Mr. Dilip Vishwanath Donge is
shown as the father of Kum. Mayuri Dilip Donge.
5. Though learned A.G.P. for the Respondent-State submitted that
the documents on record clearly indicate that the Petitioner does not
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19-WP-9669-2007.doc
belong to the Thakur Scheduled Tribe which aspect has been rightly
considered by the Scrutiny Committee, we are of the view that once
this Court in Kum. Mayuri Dilip Donge’s case has by reasoned order
based on the pre-constitutional documents held Kum. Mayuri Dilip
Donge to belong to the Thakur Scheduled Tribe, the Petitioner being
the father of Kum. Mayuri Dilip Donge, close blood relative, thus is
entitled to a Certificate of Validity belonging to Thakur Scheduled
Tribe.
6. We draw support from the decision of the Hon’ble Supreme
Court in the case of Maharashtra Adiwasi Thakur Jamat Swarakshan
Samiti V. State of Maharashtra and Ors., [2023 SCC Online SC 326]
and Apoorva Nichale Vs. Divisional Caste Scrutiny Committee [2010
(10) MH.LJ 401].
7. Hence, we proceed to pass the following Order:
ORDER
(i) The Writ Petition No.9669 of 2007 is allowed.
(ii) The impugned Order dated 18 th December, 2001 passed
by the Respondent No.1 is quashed and set aside. The
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19-WP-9669-2007.doc
Petitioner (since deceased) is declared to belong to the Thakur
Scheduled Tribe.
(iii) On the basis of such declaration, the legal heirs to make
an appropriate application to the Scrutiny Committee for grant
of Certificate of Validity.
(iv) Accordingly, Writ Petition No.9669 of 2007 is disposed of.
(SANDESH D.PATIL, J.) (M. S. KARNIK, J.)
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