Bombay High Court

YOGESH DNYANOBA GAIKWADversusSTATE OF MAHARASHTRA THR. SECR. TRIBAL DEVELOPMENT DETP. AND ORS

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The Court quashed the Scrutiny Committee’s order and remanded the matter for fresh consideration of the petitioner’s genealogy in light of the family members’ caste validity certificates.

Summary

The petitioner, Yogesh Dnyanoba Gaikwad, challenged the order of the Scheduled Tribe Certificate Scrutiny Committee dated 28 July 2022 which invalidated his caste certificate issued on 30 August 2021. He sought a writ of certiorari under Article 226 of the Constitution to quash that order and to have his certificate declared valid, relying on the fact that his cousin’s father, Sandip Gaikwad, and his cousin sister, Shravani, had been granted caste validity certificates in related proceedings. The State argued that the matter required a fresh examination of the petitioner’s genealogy by the Scrutiny Committee. The Court agreed that the committee needed to consider the additional genealogical material and therefore set aside the impugned order. The petition was remanded to the Scrutiny Committee with a directive to decide the matter, taking into account the certificates granted to other family members, and to render a decision by 15 September 2026. The petition was subsequently disposed of without costs.

Issues considered

Whether the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner’s caste certificate is liable to be quashed under Article 226.
Whether the petitioner is entitled to a caste validity certificate on the basis of genealogical evidence and the certificates granted to other family members.

Legislation cited

Constitution of India — s. Article 226

Subjects

Article 226
caste certificate
Scheduled Tribe
certiorari
genealogy
remand
validity certificate

Judgment

16-WP 9801-22.DOC

Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 9801 OF 2022
Yogesh Dnyanoba Gaikwad ...Petitioner
Vs.
State of Maharashtra & Ors. ...Respondents
_________

Mr. Sahil Deepak Choudhari h/b. Mr. Sushant Yeramwar for Petitioner.
Mr. P. P. Kakade, Addl. G. P. , with Mrs. M. P. Thakur, AGP for State.
Mr. Neel Helekar with Mr. P. Khosla and Mr. Akhilesh Adhav for Respondent
No.3.
Digitally
signed by
PRAJAKTA
__________
PRAJAKTA SAGAR
SAGAR VARTAK
VARTAK Date:
2026.08.28
19:47:08
+0530
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 25 AUGUST 2026
P.C.

1. Rule. Rule made returnable forthwith. By consent of the parties, heard

finally.

2. This petition under Article 226 of the Constitution of India is filed

praying for the following substantive reliefs:-

“a) This Hon'ble Court be pleased to issue Writ of Certiorari and or
any other Writ, Order or Direction in the nature of Certiorari thereby
quashing and setting aside the impugned order dated 28/7/2022 passed
by the Respondent no.2 committee with further direction to the
Respondent no.2 committee to issue certificate of validity in relation to
caste certificate dated 30.8.2021 issued to the petitioner by the
Respondent no.4 competent authority,

(b) That this Hon'ble Court be pleased to hold and declare that the
caste certificate dated 30.8.2021 issued to the petitioner by the
Respondent no.4 competent authority is valid, legal and subsisting.”

3. The grievance of the petitioner is in regard to the order dated 28 July 2022

passed by respondent no.2-Scheduled Tribe Certificate Scrutiny Committee,

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16-WP 9801-22.DOC

whereby the Caste Certificate dated 30 August 2021 issued to the petitioner by

the competent authority, namely, the Sub-Divisional Officer (Revenue),

certifying that the petitioner belongs to the ‘Thakar, Scheduled Tribe’, has been

invalidated.

4. Today, in the writ petition filed by Sandip Gaikwad (Writ Petition No.

9802 of 2022), this Court has passed an order directing the Scheduled Tribe

Certificate Scrutiny Committee to grant a Caste Validity Certificate in favour of

Sandip Gaikwad. The daughter of Sandip Gaikwad, Miss Shravani, who is the

cousin sister of the petitioner, has also been issued a Caste Validity Certificate

dated 24 August 2026, in pursuance of the order dated 14 August 2026 passed

by this Court in Writ Petition No. 10890 of 2025.

5. Learned counsel for the petitioner has placed on record the genealogy, to

submit that another family member of the petitioner, namely, Shravani, has

already been granted a Caste Validity Certificate. It is further submitted that this

Court has taken a view that Sandip Gaikwad, her father, is also entitled to a Caste

Validity Certificate. It is submitted in view of the said genealogy and the

aforesaid orders passed by this Court, the petitioner herein is also entitled to be

granted a Caste Validity Certificate by the Scheduled Tribe Certificate Scrutiny

Committee.

6. On the other hand, learned AGP submits that all these issues are now

required to be taken into consideration, which would entail an examination of the

genealogy by the Scheduled Tribe Certificate Scrutiny Committee. Hence, the

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25 August 2026
16-WP 9801-22.DOC

matter needs to be remanded to the Scheduled Tribe Certificate Scrutiny

Committee for a decision to be taken in accordance with law.

7. We are in agreement with the learned AGP that all this material would be

required to be considered by the Caste Scrutiny Committee.

8. In this view of the matter, we are inclined to dispose of this petition in

terms of the following order:-

ORDER

i. The impugned order dated 28 July 2022 passed by respondent no.2-
Scheduled Tribe Certificate Scrutiny Committee is quashed and set aside.

ii. The proceedings in respect of the petitioner’s proposal are remanded
to the Scheduled Tribe Certificate Scrutiny Committee to be decided in
accordance with law, after taking into consideration the Caste Validity
Certificates granted to other family members, as noted by us hereinabove. All
contentions of the parties in that regard are expressly kept open.

iii. Let the Scheduled Tribe Certificate Scrutiny Committee take a
decision as expeditiously as possible and, in any event, on or before 15
September 2026.

iv. The petition is disposed of. No costs.

(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)

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25 August 2026

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