Dhiraj Suresh Pawar And ORS v. The State Of Maharashtra Thr Sec. Tribal Development Dept. And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12648 OF 2025 SATISH RAMCHANDRA SANGAR 1.
Dhiraj Suresh Pawar, Age : 26 Years, Occupation : Student, Residing at : Bramhangaon, Taluka : Satana, District : Nashik.
SATISH RAMCHANDRA SANGAR Date: 2026.02.23 11:23:01 +0530 2.
Kalyani Suresh Pawar, Age : 25 Years, Occupation : Housewife, Residing at : Bramhangaon, Taluka : Satana, District : Nashik.
3.
Nikita Suresh Pawar, Age : 23 Years, Occupation : Student, Residing at : Bramhangaon, Taluka : Satana, District : Nashik.
...Petitioners
Versus
1.
The State of Maharashtra, Through its Secretary, Tribal Development, Mantralaya, Mumbai.
2.
The Scheduled Tribe, Certificate Scrutiny Committee, Nashik Division, Nashik.
...Respondents
***** Mr.Anandsingh Bayas, Advocate for Petitioners. Ms.Kavita N. Solunke, Addl.G.P. a/w Smt.Ashwini A. Purav, AGP, for the Respondents-State.
*****
CORAM
:
M.S.KARNIK & S. M. MODAK, JJ.
DATE :
18th FEBRUARY 2026 1/4
ORAL JUDGMENT ( M.S.KARNIK, J.) :- 1.
Heard learned counsel for the petitioners and learned Addl.G.P. 2.
The Caste Claim of the petitioners as belonging to "Koli Mahadev Scheduled Tribe" has been invalidated. Learned Addl.G.P. for the respondents - Scrutiny Committee has invited our attention to the findings of the Scrutiny Committee. It is submitted that though the petitioners have relied upon the "Validity Certificates" of their close blood relatives, the same has been discarded for sufficient reasons by the Scrutiny Committee. Learned Addl.G.P. submitted that show cause notices for cancellation / confiscation have been issued to the relatives whose "Caste Validity Certificate" is sought to be relied upon by the petitioners.
3.
The petitioners are siblings. It is not in dispute that the "Certificate of Validity" has been issued to Piyush Yogesh Pawar who is close blood relative of the petitioners. In fact, pursuant to the order of this Court in the case of Piyush Yogesh Pawar V/s. The Scheduled Tribes Caste Certificate Scrutiny Committee in Writ Petition No.9435 of 2023 dated 8th August 2023, such a "Validity Certificate" was issued. The same is the case in respect of the "Caste Validity Certificate" issued to Komal Rohidas Pawar who is the cousin sister of the petitioner from 2/4
the paternal side. Several other blood relatives have been issued with the "Certificates of Validity". The family tree is relied upon. The relationship is not disputed.
4.
It is the contention of the learned Addl.G.P. that some of the relatives are issued "Caste Validity Certificates" without holding vigilance cell inquiry. Suffice to observe that as recently as in 2023, the "Caste Validity Certificates" are issued to the close blood relatives of the petitioners after remand by this Court for fresh consideration by the Scrutiny Committee. Therefore, it is not in dispute that the "Caste Validity Certificates" aforementioned are genuine documents. 5.
Show cause notices are issued by the Scrutiny Committee to the blood relatives of the petitioners for cancellation / confiscation shall obviously be taken to its logical conclusion in accordance with law. However, merely because show cause notices are issued, is no reason to deprive the petitioners the benefit of validity as their close blood relatives have already been issued with "Certificate of Validity". The respondents are proceeding on the assumption that the Certificates will be cancelled. As of today, the Certificates are valid and subsisting. 6.
The case of the petitioners is squarely covered by the decision of the Hon'ble Supreme Court in case of Maharashtra Adiwasi Thakur 3/4
Jamat Swarakshan Samiti V/s. State of Maharashtra and Others1 and this Court in Apoorva d/o Vinay Nichale V/s. Divisional Caste Certificate Scrutiny Committee No.1 and others2. 7.
Consequently, the petition is allowed. The impugned order is quashed and set aside. The Scrutiny Committee is directed to issue the "Caste Validity Certificate" to the petitioners as belonging to "Koli Mahadev Scheduled Tribe" within a period of 6 weeks from the date of communication of this order. It is made clear that such "Validity Certificates" are issued subject to the outcome of the show cause notices and the same consequences will follow upon adjudication of the show cause notices.
8.
With these observations, the Writ Petition stands disposed of. 9.
Pending Interim Applications, if any, also stand disposed of. (S. M. MODAK, J.) (M. S. KARNIK, J.) (2023) 16 Supreme Court Cases 415 2010(6) Mh.L.J. 401 4/4