Anita D/O Dnyaneshwar Thakare v. The State Of Maharashtra, Thr. Secretary, Tribal Development Dept., Mumbai And ORS.

2026:BHC-NAG:953-DB 1 J-WP No.349.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 349 OF 2026 Anita D/o Dnyaneshwar Thakare, Aged about 50 years, Occ.- Service, Address- At Post Sayat, Taluka Bhatukali, District Amravati .... PETITIONER // VERSUS // 1) The State of Maharashtra, Through the Secretary, Tribal Development Department Mantralaya, Mumbai-32.

2) Scheduled Tribe Certificates Scrutiny Committee, Amravati Division, Amravati, Sana building, Chaparashipura, Camp, Amravati - 444606.

3) Sub-Divisional Officer/Sub-Divisional Tivsa-Bhatukali Camp Amravati.

.... RESPONDENTS ______________________________________________________________ Ms. Shubhada Chondekar, Advocate h/f. Ms. Vaishali Birajdar, Advocate for the Petitioner.

Mr. H. D. Futane, Assistant Government Pleader for the Respondents.

______________________________________________________________ CORAM : SMT. M.S. JAWALKAR, AND NANDESH S. DESHPANDE, JJ.

DATE : 16 th JANUARY, 2026 .

ORAL JUDGMENT : (Per : SMT. M.S. JAWALKAR, J.)

2 J-WP No.349.2026.odt 1.

Heard learned Counsel for the Petitioner and learned Assistant Government Pleader for the Respondents. 2.

Issue notice to the respondents, returnable forthwith. 3.

Mr. H. D. Futane, learned Assistant Government Pleader waives service of notice for the respondents. 4.

RULE. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the parties. 5.

It appears that the petitioner has submitted a proposal for issuance of Caste Certificate belonging to 'Koli Mahadev', Scheduled Tribe, which came to be rejected by the respondent No.3 - Sub-Divisional Officer, Tivsa, Bhatkuli, vide order dated 21/07/2023, on the ground that the petitioner has not submitted sufficient documents in support of her claim. It is the contention of the petitioner that she was having an old Caste Certificate issued on 07/04/1992, however, the fresh caste certificate was refused to be issued. As per the requirement of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of)

3 J-WP No.349.2026.odt Caste Certificate Act, 2000, if there is already a Caste Certificate issued prior to coming into force the above referred Act 2000, then it will only be replaced by form 'C' Certificate in view of the Communication dated 12/03/2020, issued by the Commissioner of The Tribal Research and Training Institute, Maharashtra State, Pune to all the Sub-Divisional Officers, Revenue Department. 6.

It appears that there was a common appeal bearing No.lgvk@vtizrl@ve@vfiy@Bkdjs@2023, the Caste Scrutiny Committee has passed the common order on 29/12/2023 and rejected the appeal. The said order came to be challenged by three of the appellants vide a Writ Petition No.6647/2025 and this Court vide its order dated 25/11/2025 allowed the petition and directed to respondent No.3 - Sub-Divisional Officer, Tivsa, Bhatukali to issue caste certificates of 'Koli Mahadev' Scheduled Tribe to the petitioners. As it was a common judgment in common appeal, the present petition needs to be allowed in terms of order passed in Writ Petition No.6647/2025. Accordingly, we proceed to pass the following order :

(i) The writ petition is allowed.

4 J-WP No.349.2026.odt (ii) The order dated 21/07/2023 passed by respondent No. 3 - Sub-Divisional Officer, Tivsa-Bhatukali as well as the order dated 29/12/2023, passed by the respondent No. 2 - Scheduled Tribe Certificates Scrutiny Committee, Amravati, are hereby quashed and set aside, to the extent of the petitioner. (iii) The respondent No.3 - Sub-Divisional Officer, Tivsa, Bhatukali is hereby directed to issue the Caste Certificate to the petitioner as she belongs to 'Koli Mahadev', Scheduled Tribe on or before 30/01/2026. Needless to state that, if the petitioner proceeds to seek a validity certificate on the basis of such a Caste Certificate, all contentions are kept open and the Scrutiny Committee shall verify the claim on it's own merits.

7.

Rule is made absolute in the above said terms. 8.

The learned Assistant Government Pleader to intimate the order of this Court immediately to respondent Nos.2 and 3. (NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 21/01/2026 18:04:54