M/S Sanjeevan Vidyalaya Trust v. The Assistant Provident Fund Commissioner

2026:BHC-AUG:9018-DB 1 932.WP.2171.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2171 OF 2026 ANAND KASHIRAM SAPKALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Sapkale Sumeet Anand (Online) AGP for Respondents: Mr. P.K. Lakhotiya ...

CORAM

: SANDIPKUMAR C. MORE & ABASAHEB D. SHINDE, JJ.

DATE : 26.02.2026 PER COURT (ABASAHEB D. SHINDE) :

1.

Heard.

2.

The petitioner has impugned the order dated 31.12.2025 passed by the respondent No.2 - Caste Scrutiny Committee thereby refusing to validate the tribe claim of the petitioner on the ground that, the tribe certificate which is submitted for verification shows the caste of the petitioner as 'Tokare Koli' and not 'Tokre Koli'. We find that the respondent/Caste Scrutiny Committee should not have adopted a hyper-technical approach by refusing to validate the tribe claim of the petitioner

2 932.WP.2171.26.odt solely on the ground that there is a spelling mistake in the tribe claim.

3.

It is pertinent to note that, the petitioner is not at fault for the occurrence of a spelling mistake in his tribe status. We are of the view that, it is the respondent No.3/Sub-divisional Officer who issued tribe certificate in favour of the petitioner with incorrect spelling of his tribe status.

4.

We, therefore, direct the respondent No.3/Sub-divisional Officer, Faizpur Division, Faizpur, Dist. Jalgaon to issue a fresh tribe certificate showing caste of the petitioner as 'Tokre Koli' in the form 'C' postulated under 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) Caste Certificate Act, 2001 within a period of four weeks from today.

5.

After the said correct tribe certificate is issued by the respondent No.3/Sub-Divisional Officer, Faizpur Division, Faizpur, Dist. Jalgaon, the petitioner is at liberty to move before the respondent/Caste Scrutiny Committee for the verification of said tribe claim.

6.

If the said proposal is submitted with correct copy of

3 932.WP.2171.26.odt Tribe certificate, we direct the respondent No.2/Caste Scrutiny Committee to decide the tribe claim of the petitioner within a period of six months from the date on which the said correct Tribe Certificate is submitted for its verification. 7.

The petitioner is directed to surrender the earlier incorrect caste certificate with the respondent No. 3 - Sub-Divisional Officer. The Sub-Divisional Officer should also verify the genuineness of the earlier caste certificate before issuing corrected caste certificate. With these directions, the Writ Petition stands disposed of.

(ABASAHEB D. SHINDE, J.) (SANDIPKUMAR C. MORE, J.) habeeb/