2026:BHC-NAG:266-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5897 OF 2023 WITH WRIT PETITION NO. 5901 OF 2023 WRIT PETITION NO. 5897 OF 2023 Santosh Subhashrao Thakur (Wardekar)

Aged about 62 years, Occ. Retired, R/o Bypass road Mangrulpir, Tah. Mangrulpir, District- Washim. …. PETITIONER // VERSUS //

The Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal, Through its Member-Secretary. …. RESPONDENT WITH WRIT PETITION NO. 5901 OF 2023

1) Sakshi Santosh Thakur (Wardekar), Aged about 22 years, Occ. Student, 2) Vinay Santosh Thakur (Wardekar), Aged about 25 years, Occ. Student, Both R/o. Bypass road Mangrulpir, Tah. Mangrulpir, District- Washim. …. PETITIONERS // VERSUS //

The Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal, Through its Member-Secretary. …. RESPONDENT --------------------------------------------------------------------------

Mr. M. V. Bute, Advocate for Petitioners in both petitions.

Mr. N. R. Patil, Assistant Government Pleader for Respondent in both petitions.

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

DATE O N RESERVING THE JUDGMENT : 05.01.2026 DATE ON PRONOUNCING THE JUDGMENT : 09.01.2026 COMMON JUDGMENT : (Per – M. S. JAWALKAR, J.)

1. Heard. Rule. Rule is made returnable forthwith. Matters are taken up for final hearing at the stage of admission by consent of the parties and at the request of parties.

2. The Petitioner in Writ Petition No.5897/2023 is the Father of the Petitioners in Writ Petition No.5901/2023, hence, both these petitions are decided by this common judgment and the Writ Petition No.5897/2023 is to be considered as lead petition.

3. The Petitioners by these petitions are challenging the orders dated 31.05.2023 and 03.07.2023 passed by the Respondent Caste Scrutiny Committee, Yavatmal, thereby invalidating the caste claims of the Petitioners to the ‘Thakur’

Scheduled Tribe, which is enlisted at Sr. No. 44 of the Scheduled Tribe Order, 1950.

4. The Petitioner in W.P. No. 5897/2023 submitted his caste claim to the Respondent Committee on 16.02.2009 whereas the Petitioners in W.P. No. 5901/2023 submitted their caste claims to the Respondent Committee on 06.08.2021. The Respondent Committee conducted Police Vigilance inquiry and the Police Vigilance Cell submitted its report to the Respondent Committee on 14.03.2023 and 28.02.2023 respectively.

5. In support of their tribe claim, the Petitioners have submitted following documents of pre-constitutional period:

7 Dakhal Kharij Extract of Jagannath Thakur 03.09.1917 Madhaorao

6. The Petitioners further submitted that, apart from the documents of pre-constitutional period, there are six validities issued to the relatives of the Petitioners i.e. uncle Dhananjay Sanjeev Wardekar, Janhvi Dhananjay Wardekar, Leeladhar Jagannath wardekar, Rajendra Panditrao Wardekar and Saurabh Rajendra Wardekar.

7. The Petitioners herein filed a Writ Petition No.6787/2022 seeking direction to the Caste Scrutiny Committee to decide the claim and accordingly, this Court has issued the direction to the Caste Scrutiny Committee.

8. It is worthwhile to note the submissions made by the Petitioners that the Respondent Committee has relied on adverse entries of “Bhat” procured in the Vigilance inquiry belonging to strangers and ignored the genuine documents submitted by the Petitioners. The Petitioners further submitted that one of the ground for rejection taken by the Respondent Committee is regarding the Affinity Test which has already been discarded by the Hon’ble Apex Court by observing that the Affinity test is not a litmus test in Maharashtra Adiwasi Thakur Jamat Saurakshan Samiti Vs. State of Maharashtra [2023 SCC online SC 326].

9. The learned Counsel for Petitioners relied upon the Judgment of this Court passed in Writ Petition No.7327/2024 (Shraddha Sharad Wardekar Vs. The Scheduled Tribe Caste Certificate Scrutiny Committee, Yavat