Bombay High Court
Swapnil Shivaji Bagul vs The State Of Maharashtra Through ... on 11 June, 2025
Author: R.G. Avachat
Bench: R.G. Avachat
2025:BHC-AUG:14795-DB
Writ Petition No.3569/2024
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.3569 OF 2024
Swapnil Shivaji Bagul,
Age 39 years, Occ. Education,
R/o 23, Surekha Niwas,
Gajanan Housing Society,
At West Side GTB, Deopur, Dhule ... PETITIONER
VERSUS
1. The State of Maharashtra
Through Education Department,
Mantralaya, Mumbai
2. The Deputy Director,
Caste Scrutiny Committee, Dhule,
having office at Deopur,
Tal. and Dist. Dhule
3. The Secretary,
Adivasi Nakur Varg Thakur and
Thakur Samaj Utkarsh Sanstha,
Maharashtra State, Thane Office
at Valivare, Post Morshi,
Tal. Murud, Dist. Thane ... RESPONDENTS
.......
Mr. M.R. Wagh, Advocate for Petitioner
Mr. P.K. Lakhotiya, A.G.P. for State
Mr. R.W. Bagul, Advocate for Respondent No.3.
.......
CORAM : R.G. AVACHAT AND
NEERAJ P. DHOTE, JJ.
DATE : 11th JUNE, 2025
Writ Petition No.3569/2024
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ORAL JUDGMENT (PER : NEERAJ P. DHOTE, J.) :
Rule. Rule made returnable forthwith. Taken up
for final hearing with the consent of learned Advocates for the
parties.
2. The Petitioner is a student of Bachelor of
Engineering from S.S.V.P.S. College, Dhule. The Petitioner
claims to belong to Thakur - Scheduled tribe. His claim
towards the said tribe was referred to the Respondent No.2
Committee for validity. After considering the Vigilance Cell
report and the documents available on record, the Respondent
No.2, by the impugned order dated 14/11/2022, invalidated the
Petitioner's claim of Thakur - Scheduled Tribe.
3. It is submitted by learned Advocate for the
Petitioner that, there was old document of 1882 showing the
caste "Thakur" of the great-great-great grandfather of the
Petitioner. He submitted that, though the said document was
available with the Respondent No.2 Committee along with his
reply, the Respondent No.2 did not consider the same. He
submits that, the Petitioner's real uncle by name Ranjeet
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Vasantrao Bagul and cousin uncle Madanlal Mishrilal Bagul
are given validity certificates towards "Thakur" - Scheduled
Tribe by the concerned Committee. He submits that,
considering the documents on record, the Respondent No.2
ought not to have invalidated his tribe claim. He submits that,
this petition may be allowed.
4. The Writ Petition is vehemently opposed by the
learned A.G.P. appearing for Respondent No.1 and 2. He
submits that, the validity given to the real uncle and cousin
uncle of the Petitioner have been reopened by the Respondent
No.2. No revenue record was considered at all while issuing
the validity certificates to the said uncles of the Petitioner. He
submits that, no proper vigilance enquiry was conducted at
that point of time while considering the cases of the said
uncles of the Petitioner. He submits that, though there is entry
of 1882 of Thakur of great-great-great grandfather of the
Petitioner, the record of Respondent No.2 Committee shows
contra entries of the said great-great-great grandfather of the
Petitioner and also of blood relations of the Petitioner, "Bhat".
He submits that, considering this material on record, the
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Respondent No.2 Committee was justified in rejecting the
claim of the Petitioner. He submits that, no interference is
called for in the impugned order and the petition may be
dismissed. He submits that, the tribe claims of Thakur of the
cousin of the Petitioner namely Pallavi Yashwant, Bhushan
Yashwant, Bhavana Yashwant, Siddhant Yashwant have been
rejected by the Respondent No.2 Committee.
5. The petition is also opposed by the learned
Advocate for Respondent No.3, who is the Secretary of the
Adivasi Nokarvarg - Thakur. He submits that, the Committee
has rightly considered the material available on record and,
therefore, no interference is called for in the impugned order.
He supports the contentions made by learned A.G.P.
appearing for Respondent No.1 and 2.
6. We have gone through the papers on record and
also the original file of the Respondent No.2 Committee.
There is Genealogy which was before the Respondent No.2
Committee, wherein Ramchandra Maharu is shown as
common ancestor. The said Genealogy shows that, Ranjeet
was son of Vasant; Kisan was son of Ramchandra. The said
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Genealogy also shows the name of Madanlal, who was son of
Mishrilal, who was the son of Kisan. This goes to show that,
the said Vasant and Mishrilal are from blood relations of the
Petitioner. There is no dispute that, the said uncles, are issued
validity towards "Thakur" - Scheduled Tribe by the Scrutiny
Committee which are reopened by the Respondent No.2
Committee. The record of the Respondent No.2 Committee
shows that, the entry of 1882 in the revenue record of the
concerned villages shows the name of Ramchandra Maharu
Thakur. The impugned order does not show that the
Committee has considered the said document. Considering
the validities in the blood relation, the Petitioner is entitled for
the conditional validity towards Thakur - Scheduled Tribe.
Hence, we proceed to pass the following order :
ORDER
(i) The Writ Petition is partly allowed.
(ii) The impugned order dated 14/11/2022, passed by the
Respondent No.2 - Scrutiny Committee is quashed
and set aside.
(iii) The Respondent No.2 - Scrutiny Committee shall
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issue the Tribe Validity Certificate in favour of the
Petitioner as belonging to Thakur - Scheduled Tribe.
The said validity shall be conditional, subject to the
decision to be taken by the Respondent No.2 -
Scrutiny Committee in the reopened cases of Ranjeet
Vasant Bagul and Madanlal Mishrilal Bagul.
(iv) The Respondent No.2 - Scrutiny Committee shall
issue Certificate of Validity to the Petitioner in the
prescribed format without putting up any additional
endorsement thereon.
(v) The Petitioner and their blood relations shall co-
operate the Respondent No.2 - Scrutiny Committee in
early decision of the reopened matters.
(vi) The Petitioner shall not be entitled to claim equities.
(vii) Writ Petition stands disposed of accordingly.
(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.)
fmp/-
