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Documents citing Pradip Bhimrao Nichale And Another vs Scheduled Tribe Caste Certificate ... on 28 August, 2018

Chetan S/O Kawaduji Shrirame vs The Vice-Chairman/Member Secretary, ... on 4 October, 2022

13. Admittedly, in the present case validity certificate is issued to the real sister of the petitioner and thereafter also the Scrutiny Committee invalidated the claim of the petitioner on the ground of affinity. This question was also dealt with by the Division Bench of this Court in the case of Apoorva d/o. Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and others, reported in 2010(6) Mh.L.J. 401. Para 7 of the said decision being relevant, is reproduced below :
Bombay High Court Cites 5 - Cited by 0 - A S Chandurkar - Full Document

Ku. Payal D/O Ashok Garate vs Scheduled Tribe Caste Scrutiny ... on 9 April, 2019

3. We have carefully gone through the judgment rendered in Apoorva d/o Vinay Nichale vs. Divisional Caste Certificate Scrutiny Committee No. 1 & Ors., (supra). We could not come across any observations made in this judgment which lay down that if there is a validity certificate granted to one of the family members, such certificate cannot be acted upon for issuing validity certificate to another family member, if that validity certificate is not accompanied by any reasons. On the contrary, the observations made convey opposite connotation. It has been held that where the Committee has given a finding ::: Uploaded on - 15/04/2019 ::: Downloaded on - 06/04/2020 02:09:58 ::: wp2901.18 4 about validity certificate, another Committee ought not to refuse the same status to a blood relative who applies and a merely different view on the same facts would not entitle the committee dealing with the subsequent caste claim to reject it. It is also clear that it would be altogether a different case if the subsequent committee upon examination of the validity certificate issued by the previous committee comes to the conclusion that the validity certificate being relied upon has been obtained by that person by fraud and only in such case that subsequent committee would not be bound by the previous validity certificate. The relevant observations of the Division Bench of this Court, as they appear in paragraph 9 of the judgment, are reproduced thus :
Bombay High Court Cites 1 - Cited by 0 - S B Shukre - Full Document

Kanak Sachin Hedaoo And Another vs The S.T. Caste Certificate Scurtiny ... on 30 March, 2026

16. In view of the foregoing, we are of the considered opinion that the impugned order dated 05/08/2024 passed by the Committee is unsustainable in law being perverse and is contrary to the binding judgment of a coordinate Bench of this Court dated 10.07.2023. It is also violative of the settled principles enunciated in Apoorva Nichale (supra), and is founded upon documents and entries that have either been conclusively held to be irrelevant or are otherwise internally inconsistent and unreliable. The impugned order is accordingly liable to be quashed and set aside in its J-wp5874.24 final.odt 10/11 entirety.
Bombay High Court Cites 4 - Cited by 0 - M S Jawalkar - Full Document

Diksha Pramod Tupe vs The State Of Maharashtra And Ors on 17 October, 2025

19. Though objection is raised to the birth extract on the ground that it is in a 'Modi' script, the translation of the 'Modi' script to Devanagari script has been produced by Respondent No. 6, which is supported by the affidavit of the persons, translating the documents. Hence, the document of the year 1910, has been duly proved by the Respondent No.6. The relationship with Mahali, daughter of Kisan Sakharam, as well as with the two validity holders in the family is proved by the Respondent No.6 therefore the same benefit as extended to Vaibhav and Ashwini is also required to be extended to to Respondent No.6 as has been held by this Court in the authoritative judicial pronouncement in the case of Apoorva Nichale Vs. Caste Scrutiny Committee5. This Court in the above referred judgment has held that when a biological father, siblings, uncle etc. are granted validity certificates, a candidate who is related to them by blood cannot be deprived of the validity certificate. This view has been further followed in various decisions of this Court. Therefore, the challenge of the Petitioner on that count fails.
Bombay High Court Cites 11 - Cited by 0 - Full Document

Sarvesh Bapurao Randai (Natural ... vs The Scheduled Tribe Certificate ... on 8 April, 2026

"13. The validity certificates issued to the cousin of the petitioner is not considered by the Caste Scrutiny Committee. The cousin brother of the petitioner has received the validity certificate on 30.12.2005. The cousin brother of the petitioner is having validity certificate. As per the judgment of this Court in the case of Apoorva Nichale Vs. Divisional Caste Scrutiny Committee reported in (2010) 6 Mh.L.J. 401, if the blood relatives have received the validity certificate, then on the basis of same, the validity certificate can be issued to the petitioners. This Court in paragraph No.7 has observed as under :
Bombay High Court Cites 11 - Cited by 0 - M S Jawalkar - Full Document

Aman Pundlik Randai vs The Scheduled Tribe Certificate ... on 8 April, 2026

"13. The validity certificates issued to the cousin of the petitioner is not considered by the Caste Scrutiny Committee. The cousin brother of the petitioner has received the validity certificate on 30.12.2005. The cousin brother of the petitioner is having validity certificate. As per the judgment of this Court in the case of Apoorva Nichale Vs. Divisional Caste Scrutiny Committee reported in (2010) 6 Mh.L.J. 401, if the blood relatives have received the validity certificate, then on the basis of same, the validity certificate can be issued to the petitioners. This Court in paragraph No.7 has observed as under :
Bombay High Court Cites 11 - Cited by 0 - M S Jawalkar - Full Document

Hemlata D/O Shriram Chavhan vs S.T. Caste Certificate Scrutiny ... on 7 July, 2025

27. In the circumstances, we are of the considered opinion that the Caste Scrutiny Committee without applying its mind, discarded the documents of pre-independance era, which are having more probative value. The reasons given are also not justified for discarding the 14 12.J.WP.2574.2024.odt documents when there are validity certificates of blood relatives placed on record. Furthermore, there is violation of the Rule 12(2) of the Rules. So also, the law laid down in the case of Apoorva Vinay Nichale (supra), is also not followed in the matter.
Bombay High Court Cites 4 - Cited by 0 - M S Jawalkar - Full Document

Raghunath Babarao Garud vs State Of Maharashtra Through Principal ... on 1 November, 2023

In view of the above and in the light of Apoorva d/o Vinay Nichale vs. Divisional Caste Certificate Scrutiny Committee No.1 and others, 2010 (6) Mh.L.J. 401, this Writ Petition is allowed. The impugned order dated 17.04.2023 is quashed and set aside. The Scrutiny Committee shall issue a validity certificate to the Petitioner for "Thakur", Scheduled Tribe, within 30 days from today.
Bombay High Court Cites 2 - Cited by 0 - R V Ghuge - Full Document
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