Bombay High Court
SANDIP SOMANATH GAIKWADversusSTATE OF MAHARASHTRA THR. SECR. TRIBAL DEVELOPMENT DETP. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The order dated 28 July 2022 is quashed and the Scheduled Tribe Certificate Scrutiny Committee is directed to issue a Caste Validity Certificate confirming the petitioner’s status as ‘Thakar, Scheduled Tribe’.
Summary
Petitioner Sandip Somanath Gaikwad filed a writ petition under Article 226 challenging a July 2022 order of the Scheduled Tribe Certificate Scrutiny Committee that invalidated his caste certificate dated 22 December 2001. The petition relied on a recent Division Bench judgment in Shravani d/o. Sandip Gaikwad’s case, where the Committee’s earlier invalidation of her ST claim was set aside and a Certificate of Validity was issued on 24 August 2026. The Bombay High Court observed that the same factual basis and documents were involved and that a different yardstick could not be applied. Consequently, the Court quashed the July 2022 order and directed the Committee to issue a Caste Validity Certificate confirming the petitioner’s belonging to the ‘Thakar, Scheduled Tribe’. The writ petition was allowed without costs.
Issues considered
- Whether the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner’s caste certificate can be set aside in view of the subsequent validation of the daughter’s certificate.
- Whether the Scrutiny Committee must issue a Caste Validity Certificate for the petitioner consistent with the earlier validation of the daughter’s claim.
Subjects
- Article 226
- Scheduled Tribe certificate
- Caste Validity Certificate
- Writ petition
- Bombay High Court
- Scheduled Tribe Certificate Scrutiny Committee
Judgment
Digitally signed
by PRAJAKTA
PRAJAKTA SAGAR
VARTAK
SAGAR Date:
VARTAK 2026.08.28
19:49:41
16-WP 9802-22.DOC
+0530
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9802 OF 2022
Sandip Somanath 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.
__________
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. By this petition under Article 226 of the Constitution of India, the
petitioner has challenged the order dated 28 July 2022 passed by respondent
no.2-Scheduled Tribe Certificate Scrutiny Committee, whereby the Caste
Certificate dated 22 December 2001 issued to the petitioner by respondent no.4/
competent authority, certifying that the petitioner belongs to ‘Thakar, Scheduled
Tribe’ has been invalidated.
3. At the outset, learned counsel for the petitioner has drawn our attention to
the order dated 14 August 2026 passed by a co-ordinate Bench of this Court in
Writ Petition No. 10890 of 2025, in the case of Shravani d/o. Sandip Gaikwad vs.
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The State of Maharashtra & Ors. The said petitioner-Shravani Gaikwad is the
daughter of the petitioner herein. The Division Bench was considering a
challenge to the order dated 21 July 2025 passed by the Scrutiny Committee,
whereby the tribe claim of the said petitioner belonging to ‘Thakar, Scheduled
Tribe’ was invalidated. The Division Bench set aside the orders passed by the
Caste Scrutiny Committee and the proceedings were remanded to the Scrutiny
Committee for a fresh decision to be taken in accordance with law. We are
informed by learned counsel for the petitioner that, pursuant to the said orders
passed by the Division Bench, the Scheduled Tribe Certificate Scrutiny
Committee reconsidered the claim of the petitioner’s daughter and, after
examining all the documents, issued a Certificate of Validity dated 24 August
2026 in her favour. A copy of the said order is placed on record. Learned AGP,
on instructions, submitted that he would not dispute this position.
4. In such view of the matter, the impugned order dated 28 July 2022 passed
by respondent no.2 would be required to be quashed and set aside, as on the very
documents in question, the Caste Scrutiny Committee has taken a decision that
the petitioner’s daughter belongs to the ‘Thakar, Scheduled Tribe’ . There cannot
be a different yardstick in the present case.
5. On such conspectus, the Scheduled Tribe Certificate Scrutiny Committee
is accordingly directed to issue a Caste Validity Certificate in relation to the caste
certificate dated 22 December 2001 issued to the petitioner, certifying that the
petitioner belongs to the ‘Thakar, Scheduled Tribe’. Let this order be complied
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with within a period of one week from the date on which a copy of this order is
placed before the Scheduled Tribe Certificate Scrutiny Committee.
6. The writ petition is allowed in the aforesaid terms. No costs.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
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