Bombay High Court
Vinod Kadu Visave vs The State Of Maharashtra Through Its ... on 30 April, 2026
2026:BHC-AUG:21384-DB
1 Civil WP-4770-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4770 OF 2022
Vinod s/o Kadu Visave
Age-45 Years, Occu - Service,
R/o. Palaskhed BK., Tq. Jamner,
Dist. Jalgaon. ...Petitioner
VERSUS
1. The State of Maharashtra
Department of Tribal Development,
Mantralaya Mumbai-32,
Through its Secretary.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Nandurbar
Division, Nandurbar,
Through its Member Secretary.
3. The Deputy Commissioner of Police
(Headquarter),
CBD Belapur, Sector No. 10,
Opp: Reserve Bank,
Navi Mumbai-400614.
District- Thane ...Respondents
...
Mr. Sushant C. Yaramwar, Advocate for the Petitioner.
Mr. N.B. Patil, AGP for Respondent Nos. 1 to 3.
...
CORAM : SANDIPKUMAR C. MORE AND
ABASAHEB D. SHINDE, JJ.
Reserved on : 17.04.2026
Pronounced on : 30.04.2026
JUDGMENT (PER : ABASAHEB D. SHINDE, J.) :
1. Heard.
Narwade/Yash 2 Civil WP-4770-2022.odt
2. Rule. Rule is made returnable forthwith. With the consent of the parties Writ Petition is taken up for final hearing at the stage of admission.
3. The petitioner seeks to challenge the impugned order dated 23.03.2022 passed by the Respondent No. 2/Scheduled Tribe Certificate Scrutiny Committee, Nandurbar by which the tribe claim of the petitioner belonging to 'Thakur' Scheduled Tribe has been invalidated.
4. Learned Counsel for the petitioner submits that, the petitioner has submitted his tribe certificate of belonging to 'Thakur' Scheduled Tribe issued by the competent authority for its verification to the Respondent No. 2/Tribe Committee. He submits that, the petitioner has submitted voluminous documents in support of his tribe claim of belonging to 'Thakur' Scheduled Tribe which are as follow:
Sr.No. Type of Name of the Relation with Caste Date Document Document Holder Applicant
1. School Namdev Shankar Grandfather Thakur 16.10.1915 Record Thakur
2. School Ananda Shankar Cousin Thakur 10.05.1926 Record Thakur Grandfather
3. Birth Lilavati Namdev Ba Aunt Thakur 15.11.1947 Record Shankarrao
4. Birth Kadu Namdev Father Thakur 07.09.1949 Record Shankar
5. He would submit that, despite having produced oldest documents of pre-constitutional era having higher probative value, the Respondent No.2/Scrutiny Committee discarded these documents solely on the ground that the 'Thakur' caste is also synonyms to other upper caste and therefore, it cannot be ascertained from the documents produced by the petitioner that the 'Thakur' caste which the petitioner belongs to is Narwade/Yash 3 Civil WP-4770-2022.odt Scheduled Tribe. He would also submit that, the Respondent No.2/Scrutiny Committee also committed an error by giving emphasis on the affinity test to invalidate the tribe claim of the petitioner and therefore, urged for allowing the Writ Petition by setting aside the impugned order.
6. Per contra, learned AGP would submit that though the petitioner placed on record the documents as contended, however, during the vigilance cell inquiry, document pertaining to school record of blood relatives of the petitioner pertaining to the year 1959 and 1979 showing their caste as 'Hindu Thakur' was found. He however, submits that, the Scrutiny Committee has rightly held that, due to area restrictions the forefathers of the petitioners have failed to show that caste 'Thakur' to which they claim to have belong to is recognized as a Scheduled Tribe.
He invited attention of this Court to the documents collected during the vigilance cell enquiry which are as follows :
Sr. Type of Name of the Document Relation Caste Date No. Document Holder with Applicant
1. School Lilabai Namdev Thakur Aunt Hindu 12.03.195 Record Thakur 9
2. School Kadu Namdev Thakur Father Hindu 12.03.195 Record Thakur 9 3 School Pramod Kadu Visave Brother Hindu 20.06.197 Record Thakur 9 4 School Rekha Kadu Visave Sister Hindu 09.01.197 Record Thakur 9 Schedule Tribe.
5. School Vinod Kadu Visave Petitioner Hindu 02.07.198 Record Thakur 3
7. Learned AGP would further submit that the petitioner also failed in affinity test as he could not satisfy the aspect with regard to Anthropological traits, Ethnic linkage, Dialect as well as place of Narwade/Yash 4 Civil WP-4770-2022.odt residence. He strenuously contend that if the claimant fails to produce the oldest documents of pre-constitutional era or if the documents produced by the claimant are found insufficient to ascertain the caste/tribe claim, the Scrutiny Committee would be justified in relying upon the affinity test. He thus, submit that the petitioner has failed in affinity test to substantiate that the petitioner belongs to 'Thakur' Scheduled Tribe. He therefore, urge that the Writ Petition is devoid of any substance and the same is liable to be dismissed.
8. Having heard learned counsel for the petitioner as well as learned AGP, we find that, the petitioner has placed on record the pre-
constitutional documents i.e school record of his Grand father, namely, Namdev Shankar Thakur dated 16.10.1915, school record of his cousin Grandfather, namely, Ananda Shankar Thakur dated 10.05.1926, birth record of his Aunt, namely, Lilavati Namdev Ba. Shankarrao dated 15.11.1947 and last but not the least, the school record of his Father viz. Kadu Namdev Shankar dated 07.09.1949. In all these documents, the caste mentioned is 'Thakur'. We find that in vigilance cell enquiry, the vigilance cell did not express anything adverse about these documents. The Committee has also, relied on the documents dated 12.03.1959 and 20.06.1979 pertaining to school record of petitioner's Aunt and Father respectively showing their caste as 'Hindu Thakur'.
9. Learned AGP also sought to contend that though the documents produced by the petitioner is showing caste as 'Thakur' that ipso facto does not mean that the petitioner belongs to 'Thakur' Scheduled Tribe when 'Thakur' caste is also shown in Upper Caste, however, this Court in the case of Lahu Dashrath Thakur vs. Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Region Nandurbar and others decided on 11.03.2025 in Writ Petition No.9283 of 2012 relying on the judgment of this Court in the case of Ravindra Pralhadrao Khare vs. State of Narwade/Yash 5 Civil WP-4770-2022.odt Maharashtra and Others in Writ Petition No. 11241 of 2012, has dealt with the similar issue. The relevant observations of this Court in the case of Lahu Dashrath Thakur (supra) and more particularly paragraph No.9 reads thus :
"9. ............................................................. In this regard, a useful reference can be made to the decision of the Division Bench in the matter of Ravindra Pralhadrao Khare Vs. State of Maharashtra and Others, in Writ Petition No.11241/2012. The coordinate bench had occasion to deal with the issue that if only Thakur is mentioned as caste in pre-constitutional document, then what would be the consequences. We reproduce paragraph nos. 3, 4, 5 and 6:
3. We have carefully considered the submissions. It will be necessary to make a reference to the impugned judgment and order. The Caste Scrutiny Committee has referred to the school record of the Petitioner's father which Committee has also referred to the death extract of the grand father of the discloses that in the year 1948, his caste was recorded as "Thakur, The Scrutiny Petitioner which shows that in the year 1947, his caste has been shown as "Thakur. The third important document referred to by the Scrutiny Committee is the service book of the Petitioner's father which shows that his caste was "Thakur. These three documents have been brushed aside by the Scrutiny Committee by making following observations:
As said earlier, the only caste entry as Thakur does not clarifies whether the incumbent belongs to Thakur, Scheduled Tribe or Thakur, non-tribal group. Hence, though the document is oldest, the same cannot be treated as conclusive in nature while determining the tribe claim of the applicant.
4. We fail to understand as to how the Caste Scrutiny Committee expects. the documents of the years 1947-1948 to mention as to whether the caste "Thakur" belongs to the category of Scheduled Tribe or the category of non-tribal. In the years 1947-1948, such entries could not have been made. Another finding recorded by the Tribunal is that the Petitioner could not establish his affinity to the caste and to the area. On this aspect, it will be necessary to make a reference to what is held by the Apex Court in the case of Anand (supra) in Paragraph 22. The Paragraph 22 of the said decision reads thus:
""18. It is manifest from the afore-extracted paragraph that the genuineness of a caste claim has to be considered not only on a thorough examination of the documents submitted in support of the claim but also on the affinity test, which would include the anthropological and ethnological traits etc., of the Narwade/Yash
6 Civil WP-4770-2022.odt applicant. However, it is neither feasible nor desirable to lay down an absolute rule, which could be applied mechanically to examine a caste claim. Nevertheless, we feel that the following broad parameters could be kept in view while dealing with a caste claim:
(i) While dealing with documentary evidence, greater reliance may be placed on pre Independence documents because they furnish a higher degree of probative value to the declaration of status of a caste, as compared to post Independence documents. In case the applicant is the first generation ever to attend school, the availability of any documentary evidence becomes difficult, but that ipso facto does not call for the rejection of his claim. In fact the mere fact that he is the first generation ever to attend school, some benefit of doubt in favour of the applicant may be given. Needless to add that in the event of a doubt on the credibility of a document, its veracity has to be tested on the basis of oral evidence, for which an opportunity has to be afforded to the applicant;
(ii) While applying the affinity test, which focuses on the ethnological connections with the scheduled tribe, a cautious approach has to be adopted. A few decades ago, when the tribes were somewhat immune to the cultural development happening around them, the affinity test could serve as a determinative factor. However, with the migrations, modernisation and contact with other communities, these communities tend to develop and adopt new traits which may not essentially match with the traditional characteristics of the tribe. Hence, affinity test may not be regarded as a litmus test for establishing the link of the applicant with a Scheduled Tribe. Nevertheless, the claim by an applicant that he is a part of a scheduled tribe and is entitled to the benefit extended to that tribe, cannot per se be disregarded on the ground that his present traits do not match his tribes peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies etc. Thus, the affinity test may be used to corroborate the documentary evidence and should not be the sole criteria to reject a claim."
5. The Apex Court has held that the affinity test may be used to corroborate the documentary evidence but should not be the sole criteria to reject the caste claim.
6. In the present case, three material documents which we have referred to earlier have been brushed aside by the Scrutiny Committee by recording reasons which are not at all justified and thus, the claim is rejected primarily on the basis of the affinity test. In view of the law laid down by the Apex Court in the case of Anand (supra), only on the basis of the affinity test, the caste claim of the Petitioner could not have been rejected."
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10. It would also be apposite to refer to paragraph No.10 of the Judgment of Lahu Dashrath Thakur (supra) which reads thus :
"10. The present case is squarely covered by the principles laid down by the coordinate bench referring to the decision of Supreme Court in the matter of Anand Vs. Committee for Scrutiny and Verification of Tribe Claims and Others (supra). Even reliance on the affinity test cannot be a sole criteria to reject the claim. The finding recorded by the Committee for discarding the pre-constitutional record is perverse which is appearing on page no.48 of the paper-book."
11. So far as the contention of learned AGP relying on the findings recorded by the Respondent No.2/Scrutiny Committee regarding various categories of Scheduled Tribe with synonymity is concerned, no doubt the Scrutiny Committee has relied on five categories of caste 'Thakur' however, we are concerned with Serial No.1 as it refers to 'Thakur' which is found Serial No.44 of the Constitutional Order. Serial Nos.2 and 3 are 'Thakar' and therefore, they are irrelevant. Serial Nos.4 and 5 refers to 'Thakur' of upper caste or some other caste.
12. We however, find that there was no occasion for either the petitioner or his forefathers to fraudulently record their caste as 'Thakur' so as to claim themselves of belonging to Scheduled Tribe 'Thakur'. In the light of documents of pre-constitutional era, we are of the considered view that the petitioner and his forefathers have to be treated as Scheduled Tribe 'Thakur' more so in the absence of any material to show that they belong to the upper caste 'Thakur'. We are therefore, of the considered view that the case of petitioner is squarely covered by the judgment of this Court in the case of Lahu Dashrath Thakur (supra).
13. It is further contended by learned AGP that in the light of Judgment of the Hon'ble Apex Court in the case of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. The State of Narwade/Yash 8 Civil WP-4770-2022.odt Maharashtra and Ors. reported in 2023 (16) SCC 415 as well as the subsequent order passed by the Hon'ble Apex Court dated 12.12.2025 in Civil Appeal No. 2502 of 2022 in the case of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. The State of Maharashtra and Ors., the Scrutiny Committee can take the affinity test as one of the relevant factor for invalidation of tribe claim and this exactly what has been done by the Scrutiny Committee while invalidating the petitioner's tribe claim of belonging to 'Thakur' Scheduled Tribe since, petitioner has failed to satisfy the affinity test.
14. In that regard, it would be profitable to refer to the observations of the Hon'ble Apex Court in paragraph No. 21 of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti (supra).
"21. In the impugned judgment in Civil Appeal No. 2502 of 2022 (Shilpa Vishnu Thakur's case"), the Full Bench of the Bombay High Court has noted that people having the surname "Thakur" belong to both forward castes and various backward castes. Therefore, the Full Bench may be right in saying that in every case, only on the basis of the surname Thakur, it cannot be concluded by the Scrutiny Committee that the applicant belongs to Scheduled Tribe Thakur notified in the Entry 44 of the Maharashtra list. However, we must note that in the case of a person having the surname Thakur, there may be evidence in the form of entry of the name of the caste as a Tribe or Scheduled Tribe in the land records, school or college records or any official records concerning the applicant or his ancestors. Only on the ground that the persons having the surname Thakur may belong to a forward caste as well, it is not necessary that in every case, the Scrutiny Committee should send the case to Vigilance Cell. It all depends on the nature of the documents produced before the Caste Scrutiny Committee and the probative value of the documents. Therefore, whenever a caste claim regarding Thakur Scheduled Tribe is considered, the Caste Scrutiny Committee in every case should not mechanically refer the case to the Vigilance Cell for conducting an enquiry including affinity test. The reference to the Vigilance Cell can be made only if the Scrutiny Committee is not satisfied with the material produced by the applicant."
15. It is clear from the observations of the Hon'ble Apex Court that it would depend on the nature of the document produced before the Scrutiny Committee for referring the matter to the vigilance cell enquiry. We have already observed that the documents pertaining to the year Narwade/Yash 9 Civil WP-4770-2022.odt 1915, 1926, 1947 and 1949 cannot be brushed aside which unequivocally shows the tribe claim of petitioner's forefathers of pertaining to 'Thakur' Scheduled Tribe. We therefore, do not find any substance in contention of learned AGP in that regard.
16. This Court has recently taken a view in case of Abasaheb s/o Gulabrao Thakur vs. The State of Maharashtra in Writ Petition No. 7472 of 2021 decided on 25.02.2026 that, once it is found that, there are oldest documents of pre-constitutional era, substantiating the tribe claim of claimant belonging to 'Thakur' Scheduled Tribe, in that case emphasizing on passing affinity test is unsustainable. This Court therefore, has held that affinity test is not a litmus test while deciding Caste or Tribe claim.
17. Last but not the least, so far as the issue with regard to area restriction is concerned, the Hon'ble Apex Court in case of Palghat Jilla Thandan Samudhaya Samrakshna Samithi and Ors. Vs. State of Kerala and Ors. reported in (1994)1 SCC 359 has held that, the area restriction can not be a ground for invalidating the Caste or Tribe Claim. The Hon'ble Apex Court in paragraph 16 and 19 of the judgment observed thus:-
"16. Article 341 empowers the president to specify not only castes, races or tribes which shall be deemed to be scheduled castes in relation to a State but also "parts of or groups within castes, races tribes" which shall be deemed to be Scheduled Castes in relation to a State. By reason of Article 341 a part or group or section of a caste, race or tribe, which, as a whole, is not specified as a Scheduled Caste, may be specified as a Scheduled Caste. Assuming, therefore, that there is a section of the Ezhavas/Thiyyas community (which is not specified as a Scheduled Caste) which is called Thandan in some parts of Malabar area, that section is also entitled to be treated as a Scheduled Caste, for Thandans throughout the State are deemed to be a Scheduled Caste by reason of the provisions of the Scheduled Castes as it now stands. Once Thandans throughout the State are entitled to be treated as a Scheduled Caste by reason of the Scheduled Castes Order as it now stands, it is not open to the State Government to say otherwise, as it has purported to do in the 1987 order.
19. The Thandan community in the instant case having been listed in Narwade/Yash 10 Civil WP-4770-2022.odt the Scheduled Castes Order as it now stands, it is not open to the State Government or, indeed, to this Court to embark upon an enquiry to determine whether a section of Ezhavas/Thiyyas which were called Thandan in the Malabar area of the State was excluded from the benefits of the Scheduled Castes Order."
In the light of above, we find that the Respondent No.2/Scrutiny Committee has committed an error while passing the impugned order thereby invalidating the tribe claim of the petitioner of belonging to 'Thakur' Scheduled Tribe. We therefore, are inclined to allow the Writ Petition. Hence, we pass the following order :
:: ORDER ::
i. The Writ Petition stands allowed.
ii. The impugned orders dated 24.03.2022 passed by the
Respondent No.2/Scheduled Tribe Certificate Scrutiny
Committee, Nandurbar Division, Nandurbar is hereby quashed and set-aside.
iii. The Respondent No.2/Scheduled Tribe Certificate Scrutiny Committee, Nandurbar is hereby directed to issue validity certificates to the petitioner Vinod s/o Kadu Visave of belonging to 'Thakur' Scheduled Tribe.
iv. Rule is made absolute in the above terms. (ABASAHEB D. SHINDE, J.) (SANDIPKUMAR C. MORE , J.) Narwade/Yash