##PAGE1##

2026:BHC-AS:6636-DB

42. WP 993 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL WRIT PETITION NO. 993 OF 2023

Somnath Dattatray Pawar

Age : 37 years, Occ.: Service

R/o 54/420, Maharshi Nagar

Near Saint Namdev School Pune ...Petitioner

Vs.

1. The State of Maharashtra

Through its Secretary Tribal

Development, Mantralaya, Mumbai.

2. The Scheduled Tribe Caste

Scrutiny Committee,

5^th Floor C Wing

Kapil Towers, Near RTO office Pune

Division Pune.

3. The Director General of Police

Police Headquarters, Old Council Hall,

Shaeed Bhagat Singh Marg, City-Mumbai.

4. The Superintendent of Police

Buldana District Buldhana. ...Respondents

*****

Mr. Anand Bayas with Vishnu A. Madane - Advocate for the Petitioner

Adv. Kavita N. Solunke, Additional GP a/w Shri S. L. Babar – AGP for

the Respondent-State.

*****

CORAM : M. S. KARNIK AND

S. M. MODAK, JJ.

DATE : 04^th FEBRUARY 2026

Digitally

signed by

SEEMA S KE SE HM ITA IJ

KSHITIJ YELKAR

YELKAR D 20a 2te 6: .02.09 Seema 1/7

18:59:51

+0530

::: Uploaded on - 09/02/2026 ::: Downloaded on - 28/04/2026 12:00:27 :::

42. WP 993 of 2023.doc

P. C. :-

1. Heard learned counsel for the Petitioner.

2. The tribe claim of the Petitioner as belonging to the ‘Thakar’

Scheduled Tribe has been invalidated. The Petitioner relied upon the

Caste validity certificate of his real uncle, who is Dilip Pandurang

Pawar, issued on 19.07.2002, in support of his claim. It is submitted

that if a close blood relative has been issued certificate of validity, in

view of the decision of the Hon’ble Supreme Court in the case of

Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of

Maharashtra and Others¹ and of this Court in case of Apoorva d/o

Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee

and Ors. ² the Petitioner is entitled to have his caste claim benefit.

3. It is further the submission of learned counsel for the Petitioner

that during the pendency of this petition, the very old pre-

constitutional documents being birth and death entry of the male and

female child of the great-grandfather of the Petitioner-Rama Piplu

Thakar, came to knowledge which pertain to the year 1872.

4. It is submitted that the inquiry officer has traced out the oldest

1 (2023) 16 SCC 415

2 (2010) 6 Mh. L.J.

Seema 2/7

::: Uploaded on - 09/02/2026 ::: Downloaded on - 28/04/2026 12:00:27 :::

42. WP 993 of 2023.doc

school record of the year 1890 indicating the entry of the Petitioner’s

great-grandfather-Tukaram Rama Thakar as ‘Bhat’. The Petitioner

now has the document of the year 1872 which indicates the caste as

‘Thakar’.

5. In such view of the matter, the Petitioner prayed that the

impugned order be quashed and set aside and the Caste claim be

remitted to the Scrutiny Committee for fresh consideration on the basis

of such old document which dates back to year 1872. The learned

counsel further submitted that the Scrutiny committee has failed to

take into consideration various documentary evidences relied upon by

the Petitioner in support of his caste claim.

6. We have heard learned AGP.

7. At the first instance, we were inclined to accept the Petitioner’s

case having regard to the document which dates back to year 1872.

However, some facts need to be noticed which do not persuade us to

take a view in favour of the Petitioner.

8. No doubt the Petitioner’s uncle was issued with the certificate of

validity as belonging to ‘Thakar’ Scheduled Tribe in the year 1972 and

even the relationship is not disputed. It is pertinent to note that

Seema 3/7

::: Uploaded on - 09/02/2026 ::: Downloaded on - 28/04/2026 12:00:27 :::

42. WP 993 of 2023.doc

rejection of the caste claim of the Petitioner’s real sister by the Scrutiny

Committee was challenged in this Court. This Court by detailed order

and after considering all the documents relied upon by the Petitioner’s

real sister, dismissed the Writ Petition thereby upholding the order

passed by the Scrutiny Committee invalidating the caste claim of the

Petitioner’s real sister – Smt. Rani Umesh Shinde ali