Bombay High Court

BHALCHANDRA S/O RAMESHWAR GATHEversusSTATE OF MAHARASHTRA AND OTHERS

Decided: 20 August 2026
Disposal: Disposed Off

Holding

The Court held that the petitioner is a member of the Thakur Scheduled Tribe and quashed the impugned order.

Summary

The petitioner, Bhalchandra Gathe, challenged the invalidation of his Thakur Scheduled Tribe (ST) Certificate of Validity by the Scrutiny Committee. During the pendency of his petition, his brother Sunilkumar Gathe was granted a valid ST certificate, and a genealogical tree submitted by the petitioner established their sibling relationship. The State argued that the matter should be remitted to the Scrutiny Committee to verify this relationship. The Court found the genealogical evidence sufficient and deemed further referral futile, following its earlier reasoning in Writ Petition No.9668 of 2007. Consequently, the Court quashed the impugned order of 26 April 2004, declared the petitioner a member of the Thakur Scheduled Tribe, and directed the Scrutiny Committee to issue a Certificate of Validity within four weeks. The petition was allowed and disposed of.

Issues considered

Whether the petitioner Bhalchandra Gathe belongs to the Thakur Scheduled Tribe and is entitled to a Certificate of Validity.
Whether the matter should be remitted to the Scrutiny Committee to establish the petitioner’s relationship with his brother.
Whether the impugned order dated 26 April 2004 should be set aside.

Subjects

Scheduled Tribe
Certificate of Validity
Scrutiny Committee
Genealogical proof
Writ petition
Quash order

Judgment

                                                            20-WP-9675-2007.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 9675 OF 2007
Bhalchandra S/o Rameshwar Gathe              .....Petitioner
                Versus
State of Maharashtra and Ors.                            .....Respondents
                                .....
Ms. Priyanka Shaw h/f Mr. R. K. Mendadkar, for the Petitioner.

Mr. N. C. Walimbe, Addl. G. P. a/w Ms. V. R. Raje, 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 Validity Certificate of the Petitioner as belonging to

Thakur Scheduled Tribe is invalidated by the Scrutiny Committee.

During the pendency of this Petition, the real brother of the

Petitioner who is Mr. Sunilkumar Rameshwar Gathe has been issued

with a Certificate of Validity as belonging to Thakur Scheduled Tribe

pursuant to the Order dated 6th August, 2026 passed by this Court in

Writ Petition No.9668 of 2007. Mr. Sunilkumar Rameshwar Gathe

was granted the Certificate of Validity based on the Certificate of



Manisha                                                                   1/3
               Digitally signed by
MANISHA        MANISHA
               BALKRISHNA
BALKRISHNA     TALEKAR
TALEKAR        Date: 2026.08.21
               18:44:59 +0530
                                                        20-WP-9675-2007.doc


Validity which was granted to his son-Mr. Suyash Sunilkumar Gathe

as belonging to Thakur Scheduled Tribe which claim was validated

by a reasoned order of this Court.


3.        Learned A.G.P. for the Respondent-State submitted that, the

matter be remitted to the Scrutiny Committee, for the Petitioner-Mr.

Bhalchandra to establish his relationship with Mr. Sunilkumar

Rameshwar Gathe .


4.        An additional affidavit has been filed by the Petitioner

producing on record a genealogy tree which has been duly verified

by the Scrutiny Committee when the claim of Mr. Sunilkumar

Rameshwar Gathe was under consideration. In the said genealogy

tree, the Petitioner-Mr. Bhalchandra is shown as the real brother of

Mr. Sunilkumar Rameshwar Gathe.


5.        In such view of the matter, remitting the matter back to the

Scrutiny Committee would be an exercise of futility. There are ample

materials on record to indicate that the Petitioner is the real brother

of Mr. Sunilkumar Rameshwar Gathe who has already been issued

the Certificate of Validity as belonging to the Thakur Scheduled



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                                                           20-WP-9675-2007.doc


Tribe. For the same reasons as in the Judgment and Order dated 6 th

August, 2026 in Writ Petition No.9668 of 2007, the present Writ

Petition is also allowed. Hence, the following Order:


                                    ORDER


          (i)    The Writ Petition No.9675 of 2007 is allowed.


          (ii)   The impugned Order dated 26th April, 2004 passed by the

          Respondent No.2 is quashed and set aside. The Petitioner is

          declared to be belong to the Thakur Scheduled Tribe.


          (iii) The Scrutiny Committee to issue Certificate of Validity to

          the Petitioner within a period of four weeks from to date of

          receipt of this order.


          (iv) Accordingly Writ Petition No.9675 of 2007 is disposed of.




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




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