The High Court allowed two writ petitions challenging the Scrutiny Committee's invalidation of the Petitioners' caste claims as 'Thakar, Scheduled Tribe'. The Court found that the Committee erred in disregarding the caste validity certificate granted to the Petitioner's first cousin, Mr. Pramod Sadashiv Thakar, who is a close blood relative. Relying on Supreme Court and High Court precedents, the Court held that inconsistency in caste claims among blood relatives is not permissible unless fraud or procedural irregularities are proven. Since no such issues were raised, the Court quashed the Committee's orders and directed issuance of caste validity certificates to the Petitioners, with consequential benefits.
The High Court of Judicature at Bombay, in its Civil Appellate Jurisdiction, heard Writ Petition No. 4414 of 2010 and Writ Petition No. 5034 of 2011 -- The Petitioners, Surekha Dinkar Thakar alias Sharada Subhash Shivankar and Dilip Dinkar Thakar, challenged the orders of the Scrutiny Committee invalidating their caste claims as belonging to 'Thakar, Scheduled Tribe' -- The Court relied on the Supreme Court judgment in Maharashtra Adiwasi Thakar Jamat Swarakshan Samiti Vs. State of Maharashtra and ors. (2023) 16 SCC 415, particularly paragraph 24, which outlines the procedure for considering caste validity certificates of blood relatives -- The Court also cited Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No. 1 and others, 2010 (6) Mh.L.J. 401, emphasizing that if a blood relative's caste claim is validated, the Petitioner's claim should be accepted unless fraud is established -- The Court held that the Scrutiny Committee's decision was inconsistent as it disregarded the caste validity certificate granted to the Petitioner's first cousin, Mr. Pramod Sadashiv Thakar, without evidence of procedural flaws or fraud -- The Petitions were allowed, the impugned orders were quashed, and the Scrutiny Committee was directed to issue caste validity certificates to the Petitioners within six weeks -- The Court noted that the Committee could proceed against the cousin's certificate if warranted by law
The Court allowed the writ petitions, quashed the impugned orders of the Scrutiny Committee, and directed the Committee to issue caste validity certificates to the Petitioners as belonging to 'Thakar, Scheduled Tribe' within six weeks, with entitlement to all consequential benefits
Citation: 2026 LawText (BOM) (01) 56
Case Number: Writ Petition No. 4414 of 2010, Writ Petition No. 5034 of 2011
Date of Decision: 2026-01-14
Case Title: The Issue of whether the Scrutiny Committee could invalidate the caste claim of the Petitioner when a blood relative had been granted a caste validity certificate for the same tribe
Before Judge: M. S. Karnik J. , S. M. Modak J.
Equivalent Citations: 2026:BHC-AS:1628-DB
Advocate(s): Mr. R.K. Mendadkar a/w Mr. Siddhart Sawai, Ms. Priyanka Shaw, Mr. Jagdish Kawale for the Petitioners, Smt. D.S. Deshmukh, AGP for the Respondent-State in WP/4414/10, Mr. A.K. Naik, AGP for the Respondent-State in WP/5034/11
Appellant: Surekha Dinkar Thakar @ Sharada Subhash Shivankar, Dilip Dinkar Thakar
Respondent: State of Maharashtra and ors.
Nature of Litigation: Writ petitions challenging the Scrutiny Committee's order invalidating caste claims
Remedy Sought: The Petitioners sought quashing of the Scrutiny Committee's orders and issuance of caste validity certificates as 'Thakar, Scheduled Tribe'
Filing Reason: The Scrutiny Committee invalidated the Petitioners' caste claims despite a blood relative having a valid caste certificate
Previous Decisions: The Scrutiny Committee had invalidated the Petitioners' claims, while granting a caste validity certificate to their first cousin, Mr. Pramod Sadashiv Thakar
Issues: Whether the Scrutiny Committee could invalidate the Petitioners' caste claims when a close blood relative had been granted a caste validity certificate for the same tribe Whether inconsistency in caste claims among blood relatives is permissible under law
Submissions/Arguments: The Petitioners argued that the Committee's decision was inconsistent as it disregarded the caste validity certificate of their first cousin The Respondents argued that each case must be decided on its own merits based on documentary evidence
Ratio Decidendi: Caste validity certificates issued to blood relatives must be considered by Scrutiny Committees, and inconsistency in caste claims among close blood relatives is impermissible unless fraud or procedural irregularities are established
Judgment Excerpts: In our opinion, significant in the present context is the caste validity certificate granted to the first cousin from the paternal side of the Petitioner-Mr. Pramod Sadashiv Thakar We find substance in the submission of learned counsel for the Petitioner We draw support from the observations of the Hon’ble Supreme Court in the case of Maharashtra Adiwasi Thakar Jamat Swarakshan Samiti Vs. State of Maharashtra and ors., in particular paragraph 24 We have no hesitation in allowing the present Petition The Scrutiny Committee is directed to issue a caste validity certificate in favour of the Petitioner as belonging to ‘Thakar, Scheduled Tribe’ within a period of 6 weeks
Procedural History: The Petitioners filed writ petitions after the Scrutiny Committee invalidated their caste claims -- The High Court heard arguments from both sides -- The Court considered precedents and allowed the petitions, quashing the Committee's orders and directing issuance of certificates
