Bombay High Court
Ku. Saloni Santosh Patalbansi vs The District Caste Scrutiny Committee, ... on 8 September, 2025
Author: M. S. Jawalkar
Bench: M. S. Jawalkar
2025:BHC-NAG:8871-DB
Judgment 1 J-WP No.1313.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1313 OF 2025
Ku. Saloni Santosh Patalbansi,
Aged about 19 years, Occ.-Student,
R/o. Yawali, Post- Yawali,
Tah. & Dist. Yavatmal-445002. .... PETITIONER
// VERSUS //
1) The District Caste Scrutiny Committee
Through its Member's Yavatmal,
Dist. Yavatmal - 445002.
2) Jawaharlal Darda, Institute of
Engineering and Technology, Yavatmal
Through it's Principal, Yavatmal.
Dist. Yavatmal. .... RESPONDENTS
______________________________________________________________
Ms. Punam D. Pisurde, Advocate holding for Mr. S. V. Sirpurkar,
Advocate for Petitioner.
Mr. J. Y. Ghurde, Assistant Government Pleader for Respondent
No.1.
______________________________________________________________
CORAM : MRS. M. S. JAWALKAR AND
RAJ D. WAKODE, JJ.
DATE : 08th SEPTEMBER, 2025.
ORAL JUDGMENT :- (Per : M. S. JAWALKAR, J.)
1. Heard. Rule. Rule is made returnable forthwith. Matter
is taken up for final hearing at the stage of admission by consent
of the parties and at the request of parties.
Judgment 2 J-WP No.1313.2025.odt
2. The Petitioner, by this Petition, seeking relief of
quashing and setting aside the order dated 11/12/2024, passed
by the Respondent No.1 - District Caste Scrutiny Committee,
Yavatmal. The Petitioner claimed to belong to "Kunbi" Caste which
is enlisted in "Other Backward Class" (Entry No.83). The
Petitioner applied for caste certificate before the Sub-Divisional
Officer, Yavatmal along with necessary documents. Upon due
verification, the Sub-Divisional Officer, Yavatmal issued the Caste
Certificate of "Kunbi" on 25/08/2021 to the Petitioner. The Caste
Certificate of the Petitioner as well as those of the Petitioner's
father and grandfather confirmed that they belong to "Kunbi"
community and residents at Yawali, Tahsil and District Yavatmal.
The Petitioner placed genealogy tree, which is as under :
Judgment 3 J-WP No.1313.2025.odt
3. The Petitioner also placed on record the Birth
Registration entry of Ramesar Son of Baijnath Rampadar dated
03/09/1962, wherein the Caste is shown as "Kunbi". There is
another document of the year 1965, it is a Birth Registration entry
of Rampal Son of Baijnath Rampadar dated 13/04/1965, wherein
the Caste is shown as "Kunbhi". The Caste Scrutiny Committee,
instead of considering the document of 1962, wherein the Caste is
mentioned as "Kunbi", considered the subsequent document dated
13/04/1965 wherein the Caste is mentioned as "Kunbhi" and on
that basis earlier document dated 03/09/1962 found as
suspicious. In fact, it is settled position of law that oldest
document has to be considered which is having more probative
value, the subsequent entry of 1965, even if showing caste as
"Kunbhi", which is a variation of caste "Kunbi". In that
circumstances, the Caste Scrutiny Committee ought to have
considered the oldest document of the year 1962. So far as the
observation in para 12 of the Caste Scrutiny Committee is that the
surnames of persons namely Varma, Pataliya, Patel, Patariya and
Chapariya are not belonging to Kunbi caste.
Judgment 4 J-WP No.1313.2025.odt
4. The learned Counsel for the Petitioner, by way of
Pursis placed on record the Validity Certificate issued by the
District Caste Certificate Scrutiny Committee to one Vinod
Ramsewak Patalbansi, which is sufficient to show that the claim of
Kunbi of the Petitioner cannot be discarded on the basis of
surname, specifically when there is a document of 1962 available
on record which was not discussed by the Scrutiny Committee.
On the contrary, on the basis of subsequent entry of 1965,
wherein the caste shown as "Kunbhi", which may be a mistake in
writing, categorizes the earlier document as suspicious, which is
erroneous and the same cannot be sustained in the eye of law. As
such, the Petition needs to be allowed. Hence, we pass the
following order :
(i) The Writ Petition is allowed.
(ii) The impugned order dated 11/12/2024, passed by the
Respondent No.1 - The District Caste Scrutiny
Committee, Yavatmal rejecting the caste validity of the
Petitioner and confiscation of the caste certificate of
the Petitioner is hereby quashed and set aside.
(iii) It is declared that the Petitioner is duly established that
she belongs to Caste "Kunbi", "Other Backward Class".
Judgment 5 J-WP No.1313.2025.odt
(iv) The District Caste Scrutiny Committee, Yavatmal -
Respondent No.1 is hereby directed to issue Caste
Validity Certificate to the Petitioner as she belongs to
Caste "Kunbi", "Other Backward Class" within a period
of four weeks.
(v) Till the issuance of Caste Validity Certificate by the
Caste Scrutiny Committee, admission of the Petitioner
in Engineering with the Respondent No.2 is hereby
protected.
The Writ Petition stands disposed of in the above
terms. No order as to costs.
(RAJ D. WAKODE, J.) (SMT. M.S. JAWALKAR, J.)
Kirtak
Signed by: Mr. B.J. Kirtak
Designation: PA To Honourable Judge
Date: 09/09/2025 18:47:03
