Chetan Methrana Shinde vs State Of Maharashtra Thr Its Secretary ...
2026 Latest Caselaw 467 Bom

Bombay High Court

Chetan Methrana Shinde vs State Of Maharashtra Thr Its Secretary ... on 16 January, 2026

Author: M.S.Karnik

Bench: M.S. Karnik, S.M.Modak

2026:BHC-AS:2429-DB

                            INGLE                                                                   14-WP-7690-24.doc

                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally signed
         by URMILA
URMILA   PRAMOD
         INGALE
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         Date:
         2026.01.19
         19:18:05
                                                          CIVIL APPELLATE JURISDICTION
         +0530




                                                        WRIT PETITION NO. 7690 OF 2024

                            Chetan Methrana Shinde                                  ...        Petitioner
                                  V/s.
                            State of Maharashtra and anr.                           ...        Respondents



                            Mr. Rahul Kadam a/w Mr. Vedant Babar, for the Petitioner.
                            Ms. Kavita N. Solunke, Addl. GP a/w Ms. Rupali M. Shinde, AGP, for the
                            Respondent-State.

                                                                       CORAM :      M.S. KARNIK AND
                                                                                    S.M.MODAK, JJ.

                                                                       DATE     :   16th JANUARY 2026


                            ORAL JUDGMENT ( PER M.S.KARNIK, J.) :-

1. Heard learned counsel for the Petitioner and learned AGP

appearing for the Respondent - State.

2. The caste claim of the Petitioner as belonging to 'Phase-Pardhi,

Scheduled Tribe' has been invalidated by the Respondent No.2- Scheduled

Tribe Certificate Scrutiny Committee, Pune, ('The Committee', for short).

We have perused the impugned order. Learned AGP while arguing in

support of the order has submitted that the Committee has for valid reasons

invalidated the caste claim of the Petitioner. It is submitted that the

Petitioner has not been able to produce any pre-constitutional documents

on record in support of his tribe claim and moreover, the certificate of

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validity of his cousin -Shubhada Mansoor Shinde which is at page 34 of the

paper-book relied upon has been discarded as the Petitioner has not been

able to place on record any revenue entries to prove such relationship.

3. We have heard learned counsel for the Petitioner and learned

AGP. On record is the certificate of validity which has been issued to cousin

of the Petitioner on 27/3/2019 as belonging to 'Phase-Pardhi, Scheduled

Tribe'. An affidavit has been filed by the Petitioner showing the genealogy

which is at page 36 of the paper-book indicating the Petitioner's

relationship with the said Shubhada. The Committee has discarded the said

validity certificate only because the Petitioner has failed to produce any

revenue record establishing such relationship. In our opinion, considering

that the Petitioner claims to belong to Phase-Pardhi, Scheduled Tribe,

merely because revenue records are not produced, cannot be a ground to

discard the validity certificate relied upon by the Petitioner in support of his

claim. The Petitioner had therefore filed an affidavit of Mansoor Shinde

who is Shubhada's father in whose favour the certificate of validity

indicating as belonging to Phase Pardhi, Scheduled Tribe was granted. The

Committee ought to independently arrive at a finding as to why the

affidavit filed by Mansoor Shinde indicating the Petitioner's relationship

with Shubhada cannot be relied upon.

4. It is further seen that there are document on record of the

Petitioner's father at page 29 of the paper-book which indicates date of

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birth of the Petitioners father as 01/06/1947 and in School Leaving

Certificate, the caste is mentioned as Hindu Raj Phase-Pardhi. Undoubtedly,

pre-constitutional documents have more probative value. However, merely

because the document filed by the Petitioner is not a pre- constitutional

document by itself cannot be a reason to invalidate the caste claim of the

Petitioner.

5. We find that School Leaving Certificate of Petitioner's father

indicates the date when he joined the School as 07/06/1962 and he left the

School as 26/04/1968. The said document ought not to have discarded

only because the same is not a pre-constitutional document. The Scrutiny

Committee is expected to decide the caste claim on the basis of the

documents produced and its probative value. Undoubtedly, the pre-

constitutional documents have a higher probative value in support of the

caste claim.

6. In this view of the matter, the Writ Petition is allowed. The

impugned order is therefore quashed and set aside.

7. The matter is remitted to the Respondent No.2- Scheduled Tribe

Certificate Scrutiny Committee, Pune Division, for considering the claim of

the Petitioner afresh on its own merits and in accordance of law.

8. The Petitioner to appear before the Committee on 29/01/2026 at

11:00 a.m. It is open for the Petitioner to produce additional

documents/additional affidavit in support of his caste claim.

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9. The Committee to decide the caste claim of the Petitioner as

expeditiously as possible and preferably within a period of 6 months from

the date of communication of this order.

10. The Writ Petition is disposed of.

(S.M.MODAK, J.)                                           (M.S. KARNIK, J.)