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Bombay High Court

KU.PRANITA VINAYAKRAO SHANKHPAL(THAKUR)versusCOMMITTEE FOR SCRUTINY andVERIFICATION OF TRIBE CLAIMS,

Decided
Disposal
Allowed

Holding

The petition is allowed; the petitioner is declared to belong to the Thakur Scheduled Tribe and the Scrutiny Committee must issue her validity certificate.

Summary

The petitioner, a student claiming membership in the Thakur Scheduled Tribe, challenged the Scrutiny Committee's invalidation of her caste claim. She submitted an affidavit showing that her siblings had been validated as Thakur tribe members by the Committee following a prior court order. The Court examined whether the petitioner could rely on the validity certificates issued to her close blood relatives, applying the three‑prerequisite test laid down by the Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti and the principle from Apoorva v. Divisional Caste Certificate Scrutiny Committee. The genealogy presented, verified by the Vigilance Cell, was accepted as proof of relationship. Consequently, the Court quashed the impugned order, declared the petitioner a member of the Thakur Scheduled Tribe, and directed the Committee to issue her validity certificate within four weeks. The writ petition was disposed of in the petitioner’s favour.

Issues considered

  • Whether a caste claim can be validated on the basis of validity certificates issued to close blood relatives.
  • Whether the Scrutiny Committee’s earlier rejection of the petitioner’s claim should be remanded for further verification.
  • Whether the genealogy and Vigilance Cell verification satisfy the requirements for establishing a clear relationship with the validated relatives.

Subjects

  • caste verification
  • Scheduled Tribe
  • validity certificate
  • Scrutiny Committee
  • genealogy
  • Supreme Court precedent
  • tribal status
  • writ petition

Judgment

2026:BHC-AS:32434-FB


                Bhogale                                                    5.wp-9727-2007.odt



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                   WRIT PETITION NO.9727 OF 2007

               Ku. Pranita Vinayakrao Shankhpal
               (Thakur) aged about 26 yrs, Occ. Student
               r/o Vakratund Apartments, 2nd Floor,
               Amrut Nagar, Jalamb Road, Khamgaon,
               Taluka Khamgaon, District Buldana                    … Petitioner

                          Versus

               Committee for Scrutiny & Verification
               of Tribe Claims, Amravati,
               Near Irwin Chowk, Morshi Road,
               Amravati                                    .… Respondent
                                             ****
               Adv. Sahil Choudhari h/f Adv. Sushant Yeramwar, for the
               petitioner.
               Mr. N. C. Walimbe, Addl.G.P. a/w Smt. V. R. Raje, AGP for the
               respondent-State.
                                             ****
                                           CORAM : M. S. KARNIK &
                                                     S. M. MODAK, JJ.

                                                 DATE :    6th AUGUST 2026

               ORAL JUDGMENT (PER M. S. KARNIK, J.) :

               1.          Heard learned counsel for the parties.

               2.          The caste claim of the petitioner as belonging to ‘Thakur’

               Scheduled Tribe has been invalidated by the Scrutiny Committee.

               Learned Additional Government Pleader opposed the submissions


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 Bhogale                                                  5.wp-9727-2007.odt



of learned counsel for the petitioner and argued in support of the

impugned order. However, the petitioner during the pendency of

this writ petition, has filed an affidavit dated 4 th January 2026,

stating that the caste claim of the petitioner’s real sisters viz.

Seema Vinayak Shankhpal and Jyoti Vinayak Shankhpal, as well

the real brother viz. Prashant Vinayak Shankhpal has been

validated by the Scrutiny Committee pursuant to the order passed

by this Court in Writ Petition No.2728 of 2022 vide order dated

18th March 2024.

3.         Learned   Additional       Government   Pleader     for      the

respondent then submitted that the matter be remitted to the

Scrutiny Committee for verification of the relationship of the

petitioner   with    Seema   Vinayak      Shankhpal,   Jyoti    Vinayak

Shankhpal and Prashant Vinayak Shankhpal. However, we find

that a remand is not warranted considering that the petitioner has

produced on record the genealogy. The genealogy is taken on

record and marked as Exhibit “X” for identification. The said

genealogy relied upon by the petitioner was part of the

proceedings of the caste verification claim of her sister Jyoti,


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    Bhogale                                                        5.wp-9727-2007.odt



wherein even the petitioner’s name has been indicated as her

sister. The genealogy has been verified by the Vigilance Cell.

4.            The Hon’ble Supreme Court in Maharashtra Adiwasi

Thakur Jamat Swarakshan Samiti vs. State of Maharashtra and

Others1 held that the following three prerequisites have to be

satisfied while giving weightage to the certificate of validity issued

in favour of the close blood relative:-

              (i)        The applicant must establish a clear and specific
              relationship with the person in whose favour the validity
              certificate has been issued;

              (ii)      The Scrutiny Committee must verify whether the
              validity certificate was granted to the applicant’s blood
              relative after due enquiry and in accordance with prescribed
              procedure; and

              (iii)   The Scrutiny Committee must ascertain                the
              genuineness of the validity certificate relied upon.

5.            This Court in Apoorva d/o Vinay Nichale vs. Divisional

Caste Certificate Scrutiny Committee No.1 and others2 has, in

paragraph 4 held thus :-

              “4.       We have considered the matter and we are of the
              view that the petitioner's caste claim that she belongs to
              Kanjar Bhat-Nomadic Tribe ought to have been accepted by
              the Committee merely on the basis that identical caste claim
              of her sister that she belongs to Kanjar Bhat has been allowed
              by the Committee, even apart from the Government
              Resolution. We are of the opinion that the guidelines
1    (2023) 16 SCC 415
2    2010(6) Mh.L.J. 401


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                                Bhogale                                                        5.wp-9727-2007.odt



                                          provided by the said Govt. Resolution are sound and based on
                                          sound principles. It would indeed be chaotic otherwise. If the
                                          relationship by blood is established or not doubted, and one
                                          such relative has been confirmed as belonging to a particular
                                          caste, there is no reason why public time or money should be
                                          spent in the committee testing the same evidence and making
                                          the same conclusion unless of course the Committee finds on
                                          the evidence that the validity of the certificate of such
                                          relation has been obtained by fraud.”
                           1.




                           5.             Since the close blood relatives of the petitioner have been

                           issued with certificates of validity, even the present writ petition

                           also       deserves    to   succeed.       The   writ   petition   is    allowed.

                           The impugned order is quashed and set aside. It is declared that

                           the petitioner has proved that she belongs to ‘Thakur’ Scheduled

                           Tribe. The Scrutiny Committee is directed to issue the validity

                           certificate to the petitioner within a period of four weeks from the

                           date of receipt of this order.

                           6.             The writ petition is disposed of.




                           (S. M. MODAK, J.)                                       (M. S. KARNIK, J.)




Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 06/08/2026 19:44:06                                         4


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