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
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
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
Law Points
- When a blood relative from paternal side has been granted caste validity certificate after Vigilance Cell inquiry
- separate inquiry not required in each individual case -- Committee must consider entire material on record including validity certificates of close relatives -- Principles from Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti vs State of Maharashtra govern cases involving Thakur Scheduled Tribe claims
Case Details
2026 LawText (BOM) (02) 91
Writ Petition No. 18841 of 2024
R.I. Chagla J. , Advait M. Sethna J.
Adv. R.K. Mendadkar for Petitioner, Adv. Kavita N. Solunke AGP a/w Adv. S.H. Kankal AGP for State/Respondent
Smt. Shilpa Jay Wagh @ Kum. Pushpa Panduranga Thakur
State of Maharashtra, Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, Nashik, Nashik Municipal Corporation
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Nature of Litigation
Writ Petition challenging order of Scheduled Tribe Certificate Scrutiny Committee invalidating caste claim
Remedy Sought
Petitioner seeking Writ of Certiorari to quash Committee's order and direction to issue caste validity certificate
Filing Reason
Committee invalidated petitioner's caste claim despite her real brother having been granted caste validity certificate for same tribe
Previous Decisions
Committee initially invalidated claim on 5 July 2019 -- High Court remanded matter on 24 January 2024 -- Committee again invalidated claim on 8 November 2024
Issues
Whether Committee was justified in invalidating petitioner's caste claim despite her real brother having been granted caste validity certificate for Thakur Scheduled Tribe
Whether separate Vigilance Cell inquiry required when blood relative from paternal side already granted validity certificate after inquiry
Submissions/Arguments
Petitioner's brother granted caste validity certificate in 2001 after Vigilance Cell inquiry -- Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti held separate inquiry not required in such cases -- Identical issue decided in Santosh Baban Thakur case by same Bench
Committee considered entire material including brother's certificate but found it not conclusive -- Impugned order passed after due consideration of material on record
Ratio Decidendi
When a blood relative from paternal side has been granted caste validity certificate after Vigilance Cell inquiry, separate Vigilance Cell inquiry is not required in each individual case -- Committee must issue validity certificate based on such established relationship and previous inquiry
Judgment Excerpts
The Supreme Court held that where a Vigilance Cell inquiry has already been conducted in the case of a blood relative of the Petitioner from the paternal side and a validity certificate has been granted, it is not necessary to conduct a separate Vigilance Cell inquiry in each individual case
The issuance of the said certificate in favour of the Petitioner's brother is not in dispute
An identical issue arose for consideration in the said case. Therefore, according to Mr. Mendadkar, the said decision would govern the case of the present Petitioner
In the light of the above discussion, we are of the considered view that the present petition deserves to be allowed
Procedural History
Petitioner granted caste certificate on 2 July 1991 -- Appointed with Nashik Municipal Corporation on 21 December 1999 -- Certificate referred for verification on 5 December 2011 -- Committee invalidated claim on 5 July 2019 -- Petitioner filed Writ Petition No. 8036 of 2019 -- High Court remanded matter on 24 January 2024 -- Committee again invalidated claim on 8 November 2024 -- Present Writ Petition filed on 2024 -- Reserved on 9 February 2026 -- Pronounced on 17 February 2026
Acts & Sections
- Constitution of India: Article 226
