Case Note & Summary
The petitioner, employed with Nashik Municipal Corporation since 1999 based on Thakur Scheduled Tribe certificate granted in 1991, challenged the Scheduled Tribe Certificate Scrutiny Committee's order invalidating her caste claim. Her real brother had been granted a caste validity certificate in 2001 after Vigilance Cell inquiry. The High Court, following Supreme Court precedent in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti vs State of Maharashtra, held that when a blood relative from paternal side has been granted validity certificate after Vigilance Cell inquiry, separate inquiry is not required. The Court quashed the Committee's order and directed issuance of caste validity certificate to the petitioner.
Headnote
The High Court of Judicature at Bombay -- Civil Appellate Jurisdiction -- Petitioner challenged order dated 8 November 2024 passed by Respondent No. 2 -- Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, Nashik invalidating her caste claim as belonging to Thakur Scheduled Tribe -- Petitioner contended her real brother had been granted caste validity certificate in 2001 recognizing him as belonging to Thakur Scheduled Tribe -- Committee had conducted Vigilance Cell inquiry in brother's case -- Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti vs State of Maharashtra held where Vigilance Cell inquiry already conducted in case of blood relative from paternal side and validity certificate granted, separate inquiry not required in each individual case -- High Court followed same Bench decision in Santosh Baban Thakur (Rajwade) & Ors. vs State of Maharashtra dated 9 February 2026 -- Impugned order quashed and set aside -- Committee directed to issue caste validity certificate to petitioner
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Issue of Consideration: The Issue of whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating petitioner's caste claim despite her real brother having been granted a caste validity certificate for Thakur Scheduled Tribe
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Final Decision
The High Court Partly allowed the Writ Petition -- Quashed and set aside the impugned order dated 8 November 2024 passed by Respondent No. 2 Committee -- Directed Respondent No. 2 Committee to issue caste validity certificate in favour of petitioner recognizing her as belonging to Thakur Scheduled Tribe
