[Cites 2, Cited by 0]
Bombay High Court
Chetan Ramesh Chaudhari vs The Scheduled Tribe Certificate ... on 8 December, 2025
Author: M.S. Jawalkar
Bench: M.S. Jawalkar
2025:BHC-NAG:13850-DB
Judgment 1 J-WP No.1334.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1334 OF 2024
Shri Chetan Ramesh Chaudhari,
Aged about 32 years,
Occupation - Educated Unemployed,
At. Po. Rajgadh, Tah. Mul,
District Chandrapur.
Mobile No. 8668357883,
[email protected]
.... PETITIONER
// VERSUS //
The Scheduled Tribe Certificate
Scrutiny Committee, Gadchiroli,
Through its Member Secretary,
New Office : The Scheduled Tribe Certificate
Scrutiny Committee, Chandrapur,
Behind Law College, Dr. Pillai ITI College,
2nd floor, Tadoba Road,
Tukum Chandrapur-442401.
[email protected]
.... RESPONDENT
______________________________________________________________
Mr. N. D. Jambhule, Advocate for the Petitioner.
Ms. Kavita Bhondge, Assistant Government Pleader for
the Respondent.
______________________________________________________________
CORAM : SMT. M.S. JAWALKAR, AND
SHRI M.W. CHANDWANI, JJ.
DATE : 08th DECEMBER, 2025.
ORAL JUDGMENT : (Per : Smt. M.S. Jawalkar, J.)
1. Heard learned Counsel for the Petitioner and learned
Assistant Government Pleader for the Respondent.
Judgment 2 J-WP No.1334.2024.odt
2. RULE. Rule is made returnable forthwith. Heard finally
with the consent of the learned Counsel appearing for the parties.
3. By this Petition, the Petitioner is challenging the order
dated 27.02.2013, passed by the Scheduled Tribe Certificate
Scrutiny Committee, Gadchiroli, whereby the tribe claim of the
Petitioner of belonging to 'Mana' Scheduled Tribe came to be
invalidated and Caste Certificate issued by the Sub Divisional
Magistrate, Chandrapur is cancelled and confiscated.
4. The Petitioner claims to belong "Mana" Scheduled
Tribes. There is a validity certificate issued in favour of father of
the Petitioner namely Ramesh Nago Chaudhari on 13.11.2006. So
far as endorsement on that certificate is that it is 'Valid' as per the
decision of the Hon'ble Supreme Court passed in C.A. No.
5270/2004. Similarly, there are validity certificates issued in
favour of real uncles of the Petitioner namely Sudhakar Nagoba
Chaudhari and Saudagar Nagoba Chaudhari. These validity
certificates are not challenged by the Caste Scrutiny Committee.
5. It is the contention of the Petitioner that there is a
delay in filing the petition as he was not aware of scheme of free-
legal-aid and he is a person belonging to a family having 'small
Judgment 3 J-WP No.1334.2024.odt
means'. It also appears that he again obtained a Caste Certificate
and proposal was forwarded for verification. The Caste Scrutiny
Committee invalidated the claim of the Petitioner and the second
caste certificate came to be cancelled and confiscated.
6. It appears that the Scrutiny Committee, Gadchiroli
bifurcated and the new Caste Scrutiny Committee at Chandrapur
came to be established. The Petitioner is not challenging that
subsequent order dated 13.12.2023, but only challenges the
earlier order passed by the Caste Scrutiny Committee, Gadchiroli
and is seeking relief that the invalidation in the year 2013 was
without verifying the validity certificates issued in favour of near
blood relatives i.e. father and real uncles of the Petitioner.
7. Moreover, the caste claim was rejected on the ground
of affinity and area restrictions. In our considered opinion, the
area restrictions is already removed by the State vide Order in the
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act,
1976' (Act No. 108 of 1976) which was published in the Gazette
on 20.09.1976. The Caste Scrutiny Committee ought to have
considered this aspect. So far as affinity test is concerned, there is
an old document produced at the relevant time of 1944 i.e. School
Judgment 4 J-WP No.1334.2024.odt
Record of grandfather, wherein the caste is shown as 'Mana'.
However, there is no discussion in the impugned order on this old
document of 1944. It is a settled position of law that the
documents prior to 1950 are having greatest probative value and
they cannot be lightly brushed aside.
8. Thus, in our considered opinion, though there is a
prima facie claim of 'Mana' made out by the Petitioner, it was not
properly considered by the Caste Scrutiny Committee. In the
Judgment of Maharashtra Adiwasi Thakur Jamat Swarakshan
Samiti Vs. State of Maharashtra, 2023(2) Mh.L.J. 785 , wherein it
is held that,
• Affinity test is not a litmus test to decide a caste claim.
• Only when Scrutiny Committee after holding an inquiry is not
satisfied with material produced by applicant, case can be
referred to Vigilance Cell.
• If an applicant is able to produce authentic and genuine
documents of pre-Constitution period showing that he belongs
to a tribal community, in such case a reference to Vigilance Cell
is not warranted at all.
Judgment 5 J-WP No.1334.2024.odt
• Applicant must establish his precise and exact relationship with
person to whom validity certificate has been granted.
9. There are caste validity certificates issued in favour of
blood relatives of the Petitioner. In the Judgment of Apoorva
Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1,
Nagpur, 2010(6) Mh.L.J. 401, wherein it is held that,
• If a blood relative holds a valid caste certificate, the same status
must be granted to the applicant. Exception : only if the earlier
validity was obtained by fraud.
• A different view on identical fact is impermissible.
• Ensures consistency and fairness in caste verification within the
same family.
10. As such, we are of the considered opinion that though
there is a delay to file the petition, the order of the Scrutiny
Committee needs to be set aside and Scrutiny Committee is
required to be directed to consider it afresh in view of law
position and provisions of law. Delay in preferring writ petition
was caused due to paucity of fund and proper guidance, therefore
the Petitioner could not challenge the same at the relevant time.
In view of the fact that there are validity certificates already
Judgment 6 J-WP No.1334.2024.odt
issued in favour of the father and real uncle of the Petitioner, it
needs to be considered as there is no challenge to these
certificates being obtained by fraud. Delay in challenge will not
change the caste. In view of this, we proceed to pass following
order :
(i) The writ petition is partly allowed subject to costs of
Rs.2,000/- (Rs. Two thousand only). The costs is to be
paid to the Library of Government Pleader, Nagpur
within a period of one week.
(ii) The order dated 27.02.2013, passed by the Scheduled
Tribe Certificate Scrutiny Committee, Gadchiroli is
hereby quashed and set aside.
(iii) The matter is remitted back to the newly constituted
Caste Scrutiny Committee, Chandrapur to decide the
same afresh, as early as possible within a period of two
months.
(iv) It is made clear that the Caste Scrutiny Committee,
Chandrapur shall consider the matter afresh on its own
merits and may not get influence by the observations
made in the order dated 13.12.2023, passed by the
Caste Scrutiny Committee, Chandrapur.
11. Rule accordingly. No order as to costs.
(M.W. CHANDWANI, J.) (M.S. JAWALKAR, J.)
Signed by: Mr. B.J. Kirtak
Kirtak
Designation: PA To Honourable Judge
Date: 09/12/2025 16:49:11
