Bombay High Court
Pravin Subhash Alias Yashwant Shevare vs Caste Scrutiny Committee Schedule ... on 17 November, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
Digitally
2025:BHC-AS:49641-DB
signed by
GAURI AMIT
GAURI GAEKWAD
AMIT Date:
GAEKWAD 2025.11.19 30.WP-10427-2025.odt
11:26:25
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10427 OF 2025
1. Shri Pravin Subhash @
Yashwant Shevare,
Age 40 years, Occupation - Service
Residing at Chandak Plot,
Near Nandgaon Market Yard,
Taluka - Nandgaon, District - Nashik,
Pin - 423 106
2. Shri Dattatraya Subhash @
Yashwant Shevare,
Age 41 years, Occupation - Service
Residing at Chandak Plot,
Near Nandgaon Market Yard,
Taluka - Nandgaon, District - Nashik,
Pin - 423 106 ....Petitioners
Versus
1. Caste Scrutiny Committee
Schedule Tribe Certificate Scrutiny
Committee, Nashik - 2, Nashik
2. The State of Maharashtra
Through Deputy Commissioner of
Police,
DCP Office, Zone 1,
1st Floor, Walchand Hirachand
Marg, Near GPO, Fort,
Mumbai - 400 001
And
Through Deputy Commissioner of
Police,
Police Station Matunga,
1st Floor, Near King Circle Station,
Dr. Babasaheb Ambedkar Road,
Matunga (East), Mumbai - 19 ....Respondents
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Mr. Sugandh Deshmukh a/w. Ms. Karishma Shinde, Mr. Irvin
D'souza, Mr. Vaibhav Thorave and Mr. Aniket Kanawade for the
Petitioners.
Ms. Leena Patil, 'B' Panel Counsel for Respondent Nos.1 and 2.
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CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
DATE : 17th NOVEMBER, 2025
ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J.) :
1. Rule. Rule made returnable forthwith and heard finally
by the consent of the parties.
2. On 16th September, 2025, we had passed the following
order :
1. Leave is granted to correct the description of
Respondent No.2 and to rectify the spelling of the
word 'Mahadeo' in the Petition. Correction be
carried out within one week.
2. Both Petitioners are siblings and are employed
with the Police Department. Their claim of
belonging to the Koli Mahadev caste has been
rejected by a common order dated 19th June,
2025.
Both fear termination from service.
3. Issue notice to the Respondents, returnable on
4th November, 2025. The learned 'B' Panel
Counsel waives service of notice on behalf of all
the Respondents.
4. Both Petitioners agree to file individual
affidavit undertaking to their respective
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employers, within 21 days from today, stating that
they shall not be entitled to any increments, pay
fixation, promotion or other service benefits until
their claims are validated by this Court. Only
upon filing such affidavits, we direct the
employers not to terminate the services of the
Petitioners solely on the ground that they do not
possess validity certificates.
5. All office objections shall be removed, on or
before 9th October 2025, failing which the Petition
shall stand dismissed without reference to the
Court, on 10th October, 2025.
3. In the light of the above order, both the Petitioners have
tendered their affidavit undertakings.
4. We have considered the strenuous submissions of the
learned 'B' Panel Counsel, who has opposed this Petition on the
ground that a show cause notice has been issued to Balu, son of
Gopal Shevare, for reopening his case, after he had been granted a
validity certificate. This has been done because the Committee
noticed, while dealing with the cases of these two Petitioners
(siblings), that their grandfather, Phula Hari Shevare, has an entry of
Hindu Koli in his school record. His date of birth is 1 st June, 1926.
Similarly, the cousin-grandfather of these two Petitioners, namely,
Gopal Hari Shevare, has an entry of Hindu Koli in his school record.
He was born on 15th November, 1934.
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5. We have perused the family tree placed before the
Committee, which is at page no.17 in the Petition Paper Book. The
oldest recorded entry is with regard to Mohan Shevare (मूळ पुरुष).
Hari Mohan Shevare and Sakru Mohan Shevare are the sons of
Mohan Shevare. From the branch of Hari Mohan Shevare, Niranjan,
son of Govind and grandson of Hari Mohan Shevare, has been
granted a validity certificate. Govind is the biological brother of
Phula. Hari Mohan Shevare had four biological sons, namely, Phula,
Govind, Gopal and Kashinath. Karuna and Yogesh (siblings), are the
children of Vishwanath and grandchildren of Phula. They have also
been granted validity certificates by the Committee. Archana and
Rupali (siblings), are the daughters of Nandu and granddaughters of
Gopal. Both have been granted validity certificates by the
Committee. Malati, Savita and Khushal are the children of Balu and
grandchildren of Gopal. These three have also been granted validity
certificates by the Committee.
6. The learned 'B' Panel Counsel submits, on instructions,
that Balu, son of Gopal, who has been granted a validity certificate
by the Committee, has been issued a show cause notice considering
the entries of Hindu Koli. Yashwant Phula Shevare, father of these
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Petitioners, has got his name changed from Yashwant to Subhash.
Sunil Vishnu Shevare, whose social status from the record indicates
Hindu Mahadev Koli, is not found in the family tree produced
before the Committee.
7. It is well settled that if close blood relatives from the
paternal side are granted validity certificates, the Claimants, who
establish their close blood relations from the paternal side, would be
covered by Apoorva d/o. Vinay Nichale v/s. Divisional Caste
Certificate Scrutiny Committee No.1 Nagpur1. In the event any
paternal blood relative, who has already been granted a validity
certificate by the Committee, is subjected to reopening of his case,
the law laid down in Shweta Balaji Isankar v/s. The State of
Maharashtra and Others2 would be applicable.
8. In view of the above, considering that there are nine
validity certificates from the paternal side of these Petitioners, we
deem it appropriate to follow the law laid down in Apoorva Vinay
Nichale (Supra) and Shweta Balaji Isankar (Supra).
1. 2010(6) Mh.L.J. 401 : AIR 2010(6) Bom.R.21
2. 2018 SCC Online Bom 10363
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9. This Petition is partly allowed.
10. The impugned order dated 19th June, 2025 stands
quashed and set aside. The competent Committee shall issue the
Koli Mahadev Scheduled Tribe validity certificates to these two
Petitioners, conditionally, within a period of 30 days from today.
Needless to state, if any of those blood relatives on whom these two
Petitioners have placed reliance for seeking validity certificates,
suffer invalidation after reopening of their cases, the consequences
suffered by such candidates would also be suffered by these two
Petitioners, and they would also be subjected to the same procedure.
11. Rule is made partly absolute in the above terms.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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