DIGAMBAR MANOHAR DAHAKEversusTHE COMMITTEE FOR SCRUTINY AND VERIFICATION OF TRIBAL CLAIMS AND ORS.

                                                         WP-9757-2007.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO. 9757 OF 2007
Digambar (Dead),                               ]
son of Manohar Dahake,                         ]
aged about 31 years                            ]
Through Legal Representatives :                ]
1.    Pravina Digambar Dahake,                 ]
aged about 41 years, Occupation : Housewife.   ]
                                               ]
2.    Samrudhi Digambar Dahake,
                                               ]
aged about 16 years, Occupation : Student.
                                               ]
3.    Sanskruti Digambar Dahake,               ]
aged about 8 years, Occupation : Student.      ]
All residing at :                              ]
Bhaji Bazar, Amravati, Tahsil and District ]
Amravati                                       ].....Petitioner

             Versus

1.    The Committee for Scrutiny & Verification of ]
Tribal Claims, Amravati,                           ]
Through its Chairman.                              ]
                                                   ]
2.    Amravati Municipal Corporation, Amravati, ]
through its Municipal Commissioner, Amravati.      ]
                                                   ]
3.    State Election Commissioner,                 ]
Mumbai, Administrative Building,                   ]
Opp : Mantralaya, Mumbai-400 032.                  ]
                                                   ]
4.    State of Maharashtra                         ]
through Secretary, Urban Development               ]
Department,                                        ]
Mantralaya, Mumbai-400 032.                        ].....Respondents




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             Digitally signed by
MANISHA      MANISHA
             BALKRISHNA
BALKRISHNA   TALEKAR
TALEKAR      Date: 2026.09.24
             18:14:34 +0530
                                                             WP-9757-2007.doc


                                   .....
Ms. Preeti D. Rane, for the Petitioner.

Ms. N. M. Mehra, A.G.P., for the Respondent-State
                                 ...…

                          CORAM               : M. S. KARNIK &
                                                SANDESH D.PATIL, JJ.
                          RESERVED ON         : 10th SEPTEMBER 2026
                          PRONOUNCED ON : 24th SEPTEMBER 2026

JUDGMENT [PER SANDESH D. PATIL, J]:-

1.        Rule. Rule made returnable forthwith and with the consent of

the parties matter is taken up for final hearing.


2.        By the present Writ Petition, the Petitioner (since deceased,

through legal heirs) is challenging the Order dated 26 th July, 2002

passed by the Respondent No.1-The Committee for Scrutiny &

Verification of Tribal Claims, Amravati invalidating his Caste claim

belonging to ‘Thakur’ Scheduled Tribe.


3.        The case of the Petitioner is that the Petitioner belongs to the

Thakur Scheduled Tribe within the meaning of entry 44 of Part IX of

the Constitutional (Scheduled Tribe) Order 1950. The Petitioner was

issued the Caste Certificate as Thakur Scheduled Tribe vide a Order

dated 27th February, 1991 by the Competent Authority. On 26 th July,


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2002 Respondent No. 1 passed an Order invalidating the Petitioner’s

Caste claim belonging to ‘Thakur’ Scheduled Tribe. Being aggrieved

and dissatisfied with the order passed by the Committee, the

Petitioner had preferred a Writ Petition bearing No.3024 of 2002

before the High Court of Judicature at Bombay, Nagpur Bench. That

Petition was dismissed by the said Court. Being aggrieved and

dissatisfied with the same, the Petitioner had preferred a Special

Leave Petition before the Hon’ble Supreme Court. The Hon’ble

Supreme Court vide Judgment and Order dated 12 th December 2025

quashed and set aside the Judgment and Orders passed by the High

Court, Nagpur Bench and remanded the matter back to this Court.

This is how the matters are placed before us.


4.        The learned Counsel appearing for the Petitioner, after the

remand, has filed an additional affidavit stating that the close blood

relative of the Petitioner, namely the real brother of the Petitioner,

Mr. Dattatray Manohar Dahake, was granted the Validity Certificate

pursuant to the Judgment passed by the High Court, Nagpur Bench

in Writ Petition No.6342 of 2018 dated 23 rd March, 2026. She further

submitted that the said Mr. Dattatray Manohar Dahake was a real



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brother of the Petitioner, therefore, the Petitioner should also be

granted the Caste Validity Certificate. She relied upon the family tree

which was duly verified by the Executive Magistrate, Amravati.


5.        Learned Counsel for the Respondent-State does not dispute this

position. Learned Counsel for the Respondent-State pointed out that

although the family tree appears to be correct, the Caste Scrutiny

Committee had rightly rejected the application for the Caste Validity

Certificate and therefore there is no reason why this Court should

interfere in the same and she therefore, prayed for dismissal of the

Petition.


6.        We have considered the arguments of the parties. We have

gone through the documents available on record, more specifically,

the additional affidavit which was filed by the Petitioner in this

Court. The Caste claim of the Petitioner was rejected by the Caste

Scrutiny Committee. Being aggrieved with the same, the Petitioner

had filed a Writ Petition before the Nagpur bench of this Court. The

Hon’ble Supreme Court has set aside the judgment of the Nagpur

bench of this High Court and remanded the matter for fresh

consideration.


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7.        The Petitioner's main contention is that the real brother, Mr.

Dattatray Manohar Dahake, who is a close blood relative of the

Petitioner, was granted a Caste Validity Certificate belonging to

Thakur Scheduled Tribe by the High Court, Nagpur Bench, in Writ

Petition No. 6342 of 2018 vide Order dated 23rd March, 2026, after

considering the matter on merits. The relevant portion of the said

Judgment is reproduced as under:


     “(17) It would be beneficial to refer to the judgment of the Hon’ble
     Supreme Court in the case of Maharashtra Adiwasi Thakur Jamat
     Swarakshan Samiti (supra) wherein the Hon’ble Supreme Court
     has held in Paragraph No. 20 as under:-

     “20. It is not possible to exhaustively lay down in which cases the
     Scrutiny Committee must refer the case to Vigilance Cell. One of
     the tests is as laid down in the case of Kumari Madhuri Patil. It lays
     down that the documents of the pre-Constitution period showing
     the caste of the applicant and their ancestors have got the highest
     probative value. For example, if an applicant is able to produce
     authentic and genuine documents of the pre-Constitution period
     showing that he belongs to a tribal community, there is no reason
     to discard his claim as prior to 1950, there were no reservations
     provided to the Tribes included in the ST order. In such a case, a
     reference to Vigilance Cell is not warranted at all.”

          (18) In our considered opinion, the order passed by the
          Respondent No. 1 - Caste Scrutiny Committee is perverse,
          erroneous and without application of mind, and as such, it is
          liable to be quashed and set aside. It has not given any
          consideration to the reply filed by the Petitioner wherein he
          has specifically pointed out that those entries of ‘Bhat’ were
          already corrected long back. As such, they cannot be
          considered for discarding the claim of the Petitioner. There
          are as many as eight documents of pre-independence period

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          filed by the Petitioner showing the tribes of his forefathers as
          ‘Thakur’, so also, there is no dispute over the family tree and
          relations of the Petitioner with the members in the family
          tree. As such, we hold that the Petitioner has duly
          established that he belongs to the tribe ‘Thakur’ which is a
          Scheduled Tribe.”
8.        This Court, in Writ Petition No.6342 of 2018, after considering

the merits of the matter and relying upon the Judgment in the matter

of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti V/s. State

of Maharashtra and Ors.1 has granted the Caste Validity Certificate to

the real brother of the Petitioner, namely Mr. Dattatray Manohar

Dahake.

9.        The facts are not disputed and the Judgment passed by this

Court, Nagpur Bench, in Writ Petition No. No.6342 of 2018 has

attained finality. The Caste Scrutiny Committee has thereafter

granted the Caste Validity Certificate to Mr. Dattatray Manohar

Dahake on 28th April 2026, which is on record.


10.       In these premises, we are bound by the Judgment in the matter

of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate

Scrutiny Committee No.1 and Ors.2 since the Caste Validity Certificate

is granted to Mr. Dattatray Manohar Dahake who happens to be the

blood relative of the Petitioner. Hence, the following Order:

1    (2023) 16 SCC 415
2    2010 (6) MHLJ 401

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                                        ORDER


          (i)    Writ Petition No.9757 of 2007 is allowed.


          (ii)   The impugned Order dated 26th July, 2002 passed by the

          Respondent No.1 is quashed and set aside. The 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.


11.       Rule is made absolute in the aforesaid terms.


12.       There shall be no order as to costs.


13.       In view of above, Writ Petition No. 9757 of 2007 stands

disposed of.




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




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