Sunil Navalsing Thakur v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:13535-DB 1 907 & 908 10318-22+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO. 10318 OF 2022 ASHWINI DILIP BHAMARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. Yeramwar Sushant C., Advocate for the Petitioner Mr. S. R. Yadav - Lonikar, AGP for Respondent-State ....

AND 908 WRIT PETITION NO. 10352 OF 2022 SUNIL NAVALSING THAKUR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. Yeramwar Sushant C., Advocate for the Petitioner Mr. S. R. Yadav - Lonikar, AGP for Respondent-State ...

CORAM : R. G. AVACHAT AND SANDIPKUMAR C. MORE, JJ.

DATED : 06/05/2025.

P. C. :

1.

The challenge in these writ petitions is to order dated 04/08/2022 passed by the Scheduled Tribe Certificate Scrutiny Committee, Dhule- respondent No.2, refusing to grant validity to the tribe claim of the petitioners.

2.

Heard.

2 907 & 908 10318-22+ 3.

The petitioners claim to have belonged to 'Thakur' - Scheduled Tribe. The committee turned down their claim on the ground that the petitioners did not pass affinity test and there was some contra evidence. 4.

There is however, change in the circumstances post the order impugned herein was passed. Admittedly, the petitioners' real uncle has been granted validity by Division Bench of this Court in Writ Petition No.3656 of 2021 and the petitioners' real brother too, has been granted validity by Division Bench of this Court in another Writ Petition No.9404 of 2019.

5.

It is now settled legal proposition that when there is validity granted to a blood relation, the claimant needs to be granted validity to his caste /tribe claim. The learned AGP did not dispute the relationship of the petitioners with those who have been granted validity. In view of the same, the petitioners' claim needs to be allowed and thus, allowed in terms of prayer clauses- B to E.

6.

Respondent No.2 - The Scheduled Tribe Certificate Scrutiny Committee is directed to grant validity to the petitioners tribe certificate. The said validity shall be valid until the validity granted to the certificates of the blood relations relied in these petitions remained valid

3 907 & 908 10318-22+ or for any other reasons the case of the petitioners is reopened and validity is revoked.

7.

The committee to complete the exercise within a period of two weeks.

( SANDIPKUMAR C. MORE, J. ) (R. G. AVACHAT, J.) VS Maind/-