2026:BHC-NAG:1782-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION No.4997 OF 2023 Miss. Gayatri D/o. Shakuntala Gaikwad, aged about 25 Years, Occ. Student, R/o Jaiwant Nagar, Galli No.2, Behind Bhimjyoti Buoddha Vihar, Rameshwari Ring Road, Nagpur – 27. : PETITIONER ...VERSUS...

1. The President/Member Secretary, The District Caste Certificate Scrutiny Committee, Nagpur.

Dr. Babasaheb Ambedkar, Samajik Nyay Bhavan, 2nd Floor, ‘B’ Wing, Mata Kacheri, in Front of Govt. I.T.I. Diskha Bhoomi Road, Nagpur.

2. Deputy Collector, Nagpur, Tah. & Dist. Nagpur. : RESPONDENTS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

Mr. Ananta Ramteke, Advocate for Petitioner.

Mrs. H.S. Dhande, Assistant Government Pleader for Respondents.

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

RESERVED ON : 19 ^th JANUARY, 2026.

PRONOUNCED ON : 02 ^nd FEBRUARY, 2026.

JUDGMENT : (Per : NANDESH S. DESHPANDE, J.)

1. Heard. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. The present petition questions order dated 30.11.2018, passed by the respondent No.1 – Scrutiny Committee, Nagpur whereby the certificate of validity bearing No.A1625655, dated 24.10.2017 and the caste certificate vide Reve. Case No.MRC-

81/80517/2011-2012, dated 03.11.2011 is confiscated.

3. The facts as emerging from the petition are as under :

The petitioner was born on 15.9.1997 and was brought up only by her mother. On 3.11.2011 the Deputy Collector, Nagpur issued a caste certificate in her favour certifying that she belongs to ‘Mahar’ Scheduled Caste. On 23.10.2015, the petitioner submitted her caste claim for validation before the respondent No.1 - Scrutiny Committee, Nagpur which returned the same on 17.9.2016. This constrained the petitioner to file Writ Petition No.4312/2017 which was disposed by this Court on 18.9.2017. This Court directed the petitioner to re-submit the caste claim along with necessary affidavit explaining the facts about her father and absence of certificate in the name of father. It was further directed that the said claim should be decided within one year. In pursuance to the directions of this Court the respondent No.1 on 24.10.2017 issued a validity certificate in favour of the petitioner.

4. As can be seen from the record of the petition, on

30.11.2017 the respondent No.1-Scrutiny Committee, Nagpur seized the said certificate for re-examining the issue and ultimately cancelled the same vide order dated 30.11.2018. Thereafter, on 16.12.2022 the respondent No.1-Scrutiny Committee, Nagpur informed the petitioner that the caste certificate and the validity certificate are cancelled and confiscated. This constrained the petitioner to challenge the said action of the respondent No.1- Scrutiny Committee on various grounds as mentioned in the petition.

5. We have heard Mr. Ananta Ramteke, learned counsel for the petitioner and Mrs. H.S. Dhande, learned Assistant Government Pleader for the respondents.

6. Learned counsel for the petitioner by taking us through the record of the matter submits that the only reason which has weighed with the Scrutiny Committee while confiscating the validity already issued to her is that the documents which were submitted in support of her claim, pertained to the maternal side and not of the paternal side. The counsel for the petitioner submits that the entire approach of the Committee is erroneous and contrary to the settled position of law. He further submits that there is no power vested in the Committee for review of its own orders and, therefore, the action of confiscation is de hors the provisions of law.

7. He places reliance on the judgment of this Court at the Principal Seat in Writ Petition No.5364/2023 (Rakesh Bhimashankar Umbarje and others Vs. State of Maharashtra and another) to submit that there is no power vested in the Committee to review the own order. He also places reliance on the judgment of the Hon’ble Ape