2025:BHC-NAG:14969-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

WRIT PETITION NO.2569 OF 2025

Sumit S/o Pradip Suryawanshi,

Age 18 years, Occu: Student,

R/o Gori, Sonala,

Tq. Mangrulpir, Dist. Washim. ....PETITIONER

...V E R S U S...

1. Scheduled Tribe Caste Certificate

Committee, Amravati Division,

Old by pass road, Chaprashipura,

Amravati, through its Vice Chairman/

Joint Commissioner.

2. State Common Entrance Test Cell,

Maharashtra State, Mumbai,

Respondent nos.2

8^th Floor, New Excelsior Building, A.K.

and 2 are added

Nayak Road, Fort, Mumbai-400001,

vide Court’s order

Through its Commissioner / Competent Authority.

dated 03.09.2025

3. Government College of Engineer,

Yavatmal, Dhamangaon Road,

Yavatmal, through its Principal. ...RESPONDENTS

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Shri S. M. Golhar, Advocate for petitioner.

Shri A.V. Palshikar, A.G.P. for respondent nos.1&3/State.

Shri N.S. Gaikwad, Advocate for respondent no.2.

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CORAM : SMT. M.S. JAWALKAR & M.W. CHANDWANI, JJ.

DATE : 16.12.2025

ORAL JUDGMENT : (Per : M.W. Chandwani, J.)

1. Rule. Rule made returnable forthwith. Heard finally

with the consent of both the parties.

2. The caste claim of the petitioner who claims to be belonging to “Thakur” (Scheduled Tribe) came to be invalidated by the respondent no.1 – Scheduled Tribe Certificate Scrutiny Committee, Amravati (for short “Committee”) by order dated

31.01.2025.

3. The petitioner who is pursuing his studies, claims to be belonging to “Thakur” (Scheduled Tribe). In order to avail the benefits available to a candidate belonging to Scheduled Tribes, the caste claim of the petitioner was forwarded by the Principal, Laxmichand Vidyalaya and Junior College, Shelubazar, Tah. Mangrulpir, District Washim to the respondent no.1 – Committee. He submitted around twelve documents related to himself and his forefathers dated way back to the year 1911 showing consistent entries of “Thakur”. The respondent No.1-Committee referred the matter to the Vigilance Cell for enquiry. The Vigilance Cell collected two documents, i.e. the birth extract of a daughter born to Kashirao dated 06.10.1913, who is the great-great-grandfather of the petitioner showing his caste as “Bhat”. Another document i.e. the birth extract of a daughter born to the cousin great- grandfather of the petitioner dated 06.08.1931 also showing the caste as “Bhat”. Therefore, the respondent no.1-Committee relying on these documents, invalidated the caste claim of the petitioner. The respondent no.1-Committee ignored the document of the year 1911 only on the ground that “Thakur” (Scheduled Tribe), is not the only caste which exists and there are people belonging to “Thakur” who are not Scheduled Tribes. Merely because “Thakur” is mentioned in the document, it does not conclusively predicate that the petitioner belongs to Scheduled Tribes.

4. We have heard the learned counsel for the petitioner as well as the learned Assistant Government Pleader for respondent nos.1 and 3. We have gone through the record of the respondent no.1-Committee.

5. It is worthwhile to mention here that, two cousins of the petitioner namely Kalyani D/o Gajanan Suryawanshi and Komal D/o Gajanan Suryawanshi as well as cousin uncle namely Gajanan S/o Haribhau Suryawanshi have been granted validity certificates of their caste claim under the dictum of this Court in Writ Petition Nos.238 of 2023 and 1810 of 2022 respectively. In the said writ petitions, the document belonging to the year 1913 showing the contra-entry has been considered by this Court in paras 8 and 9 of the decision to observe that this entry cannot be considered for invalidation of the caste claim of the petitioners therein. Paras 8 and 9 of the decision are reproduced as under.

“8. As such, the reasons given by the Scrutiny Committee are not sustainable for discarding the validity certificate of uncle of t