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Bombay High Court
Satish Vishnu Chavan And Anr vs State Of Maharashtra Through Secretary ... on 27 January, 2026
Author: M.S.Karnik
Bench: M.S.Karnik, S. M. Modak
2026:BHC-AS:4183-DB
22-WP-4594-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4594 OF 2023
Digitally signed
by SATISH
SATISH
RAMCHANDRA
RAMCHANDRA
SANGAR 1. Satish Vishnu Chavan,
SANGAR Date:
2026.01.28
18:38:05
+0530
Age : 35 Years, Occupation : Nil.
2. Sachin Vishnu Chavan,
Aged 37 Years, Occupation : Nil,
Both Residing at : 166, Gangapuri,
Vai, Taluka Wai, District : Satara -
412 803. ...Petitioners
Versus
1. State of Maharashtra
Through its Secretary, Tribal
Development Department,
Mantralaya, Mumbai : 400 032.
2. Scheduled Tribe Certificate
Scrutiny Committee, Pune Division,
Pune, Through its Member Secretary,
Having its Office at Kapil Towers,
C Wing, 5th Floor, Near RTO Office,
Pune : 411 001, District : Pune. ...Respondents
*****
Mr.R.K.Mendadkar a/w Ms.Priyanka Shaw, Advocates for Petitioners.
Mr.N.C.Walimbe, Addl.G.P. a/w Mr.S.P.Kamble, AGP, for the
Respondents-State.
*****
CORAM : M.S.KARNIK &
S. M. MODAK, JJ.
DATE : 27th JANUARY 2026
Satish Sangar 1/5
::: Uploaded on - 28/01/2026 ::: Downloaded on - 28/01/2026 20:32:09 :::
22-WP-4594-2023.doc
ORAL JUDGMENT : (PER : M.S.KARNIK, J.)
1. Heard learned counsel for the Petitioner.
2. The caste claim of the Petitioners as belonging to "Thakar
Scheduled Tribe" has been invalidated by the impugned order dated
18th February 2020. The Petitioners' father has been issued with the
"Certificate of Validity" dated 22nd September 2005. Moreover, the
Petitioners' paternal uncle has been granted "Certificate of Validity"
dated 18th May 2005 as belonging to "Thakar Scheduled Tribe". It is
pertinent to note that during the pendency of this Writ Petition, this
Court has allowed the Writ Petition No.28 of 2016 filed by
Kum.Ashwini Vilas Chavan - daughter of the paternal uncle of the
Petitioner - Vilas Chavan.
3. The blood relationship of the Petitioner with the aforesaid close
relatives is not disputed. It is further not in dispute that the Certificates
of Validity issued to the close blood relatives are genuine documents.
However, learned Addl.G.P. while justifying the impugned order
submitted that for good reasons, the Scrutiny Committee has
invalidated the caste claim of the Petitioners though the close blood
relatives have been issued the Certificates of Validity. It is the
22-WP-4594-2023.doc
submission of learned Addl.G.P. that the Petitioners' father has been
issued a show cause notice as to why the Certificate of Validity issued
to him should not be withdrawn / cancelled on the grounds which
according to the learned Addl.G.P. are permissible. The show cause
notice obviously shall be taken to its logical conclusion in accordance
with law and we do not express any opinion on such adjudication of
the show cause notice.
4. However, in the light of the law laid down by the Hon'ble
Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan
Samiti V/s. State of Maharashtra and Others1 and this Court in
Apoorva d/o Vinay Nichale V/s. Divisional Caste Certificate Scrutiny
Committee No.1 and others2, the Petitioners being close blood relatives
are entitled to have their caste claim validated as belonging to "Thakar
Scheduled Tribe". The essential prerequisites laid down in Maharashtra
Adiwasi Thakur Jamat Swarakshan Samiti (cited supra), are satisfied by
the Petitioners in the present case viz., that they are close blood
relatives of Vilas Chavan who has been issued with "Certificate of
Validity", the Petitioners' father has been issued the "Certificate of
1 (2023) 16 Supreme Court Cases 415
2 2010(6) Mh.L.J. 401
22-WP-4594-2023.doc
Validity" which is a genuine document and thirdly, that the "Certificate
of Validity" was issued after due inquiry and following the proper
procedure.
5. It is pertinent to note that this Court vide detailed judgment and
order dated 10th April 2017 has directed issuance of Caste Validity
Certificate to Kum.Ashwini Vilas Chavan who is a close blood relative
of the Petitioners from the paternal side. There is no serious dispute on
the factual aspects.
6. Learned Addl.G.P., however, submitted that in light of the fact
that the Petitioners' father has been issued a show cause notice, the
present Petition be kept pending. We do not propose to keep the
Petition pending. As of today, the "Certificate of Validity" issued to the
Petitioners' father is valid and subsisting. The impugned order is,
therefore, quashed and set aside. The Scrutiny Committee is directed
to issue "Certificate of Validity" to the Petitioners as belonging to
"Thakar Scheduled Tribe" within a period of six (6) weeks from today.
7. However, it is made clear that the issuance of the "Certificate of
Validity" to the Petitioners is made subject to the outcome of the show
cause notice issued to their father. The Petition stands disposed of.
22-WP-4594-2023.doc
8. All contentions on merits as regards the show cause notice are
kept open.
9. Pending Applications, if any, also stand disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
