[Cites 2, Cited by 0]
Bombay High Court
Mohammad Kaif Pappu Kadri vs The District Caste Certificate ... on 27 January, 2026
Author: M.S.Karnik
Bench: M. S. Karnik, S. M. Modak
2026:BHC-AS:4191-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed CIVIL APPELLATE JURISDICTION
URMILA by URMILA
PRAMOD
PRAMOD INGALE
INGALE Date:
2026.01.28
19:07:48 +0530 WRIT PETITION NO. 11834 OF 2023
Mohammad Kaif Pappu Kadri
Age: 18 years, Occ : Student
R/o: at Shanit Nagar, Taluka-Niphad, District Nashik ... Petitioner
Versus
1) The District Caste Certificate
Scrutiny Validity Committee, Nashik
2) The State of Maharashtra
(To be served through AGP High Court Bombay) ... Respondents
__________________________
Mr. Rameshwar Gite, for the Petitioner.
Mr.N.C.Walimbe, Addl. GP a/w Smt. D.S. Deshmukh, AGP for the
Respondent-State.
__________________________
CORAM : M. S. KARNIK AND
S. M. MODAK, JJ.
DATED : 27th JANUARY, 2026
ORAL JUDGMENT (PER M.S.KARNIK, J.) :
1. Heard learned counsel for the Petitioner and learned Additional
Government Pleader appearing for the State.
2. The impugned order in this Petition is passed by the Respondent No.
1- the District Caste Certificate Scrutiny Validity Committee, Nashik (for
short 'Scrutiny Committee') invalidating the caste claim of the Petitioner as
belonging to 'Chapparband, Vimukta Jatis'.
3. Learned Additional Government Pleader while opposing the Petition,
invited our attention to the findings recorded by the Scrutiny Committee.
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According to him, the impugned order is a reasoned one which does not
call for any interference.
4. We have gone through the impugned order and the materials on
record. We find that the Scrutiny Committee has proceeded on the footing
that one of the relative of the Petitioner belongs to the 'Fakir' community
and therefore the traits of 'Fakir' community and that of 'Chapparband,
Vimukta Jatis', being different, the Petitioner is not entitled to claim as
belonging to Chapparband, Vimukta Jatis.
5. It is not in dispute and as we can see from the impugned order, the
Petitioner has relied upon the caste validity certificate issued to his father
as well as his uncle as belonging to Chapparband, Vimukta Jatis.
6. Having gone through the order passed by the Scrutiny Committee,
we find that the Scrutiny Committee has not invalidated the caste claim on
the ground that the caste validity certificates of his close blood relatives are
not genuine or for that matter, the same were issued without holding a due
enquiry by the Vigilance Cell or that the Petitioner is not a close blood
relative of the persons who have been issued with the caste validity
certificates as belonging to Chapparband, Vimukta Jatis.
7. This Court in the case of Apoorva d/o Vinay Nichale Vs. Divisional
Caste Certificate Scrutiny Committee No.1 and others 1 in paragraph 4
1 2010 (6) Mh.L.J. 401
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observed thus :
"We have considered the matter and we are of the view that the
petitioner's caste claim that she belongs to Kanjar Bhat- Nomadic
Tribe ought to have been accepted by the Committee merely on
the basis that identical caste claim of her sister that she belongs to
Kanjar Bhat has been allowed by the Committee, even apart from
the Government Resolution. We are of the opinion that the
guidelines provided by the said Govt. Resolution are sound and
based on sound principles. It would indeed be chaotic otherwise.
If the relationship by blood is established or not doubted, and one
such relative has been confirmed as belonging to a particular
caste, there is no reason why public time or money should be
spent in the committee testing the same evidence and making the
same conclusion unless of course the Committee finds on the
evidence that the validity of the certificate of such relation has
been obtained by fraud. "
8. The Hon'ble Supreme Court in the case of Maharashtra Adiwasi
Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and ors. 2 has in
the context of a claim made by the Claimant based on caste validity
certificate issued to a close blood relative of the Claimant has laid down
the following prerequisites before granting the caste validity certificate.
(i) The applicant must establish a clear and specific relationship with the
person in whose favour the validity certificate has been issued;
(ii) The Scrutiny Committee must verify whether the validity certificate was
granted to the applicant's blood relative after due enquiry and in accordance
with prescribed procedure; and
(iii) The Scrutiny Committee must ascertain the genuineness of the validity
certificate relied upon.
2 (2023) 16 SCC 415
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9. We thus find that genealogy which is at page 45 of the paper-book is
not disputed by the Scrutiny Committee and in fact has been enquired into.
Further, the persons who have been granted caste validity certificates viz.
his father [page 101] and his uncle [page 42] are his close blood relatives.
Such certificates have been issued after holding a due enquiry and the
genuineness of the certificates as also the relationship with the Petitioner is
not disputed. In such circumstances, in our opinion, the Scrutiny
Committee ought not to have rejected the caste claim of the Petitioner for
the reasons mentioned in the impugned order.
10. The impugned order therefore deserves to be quashed and set aside
and the same is quashed and set aside.
11. The Scrutiny Committee is directed to issue a certificate of validity to
the Petitioner as belonging to Chapparband, Vimukta Jatis within a period
of 6 weeks from the date of communication of this order.
12. The Writ Petition is disposed of in the above terms.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
