As per case facts, Truptej Dhondiram Kamble, seeking MBBS admission under the Scheduled Tribe category, applied for a Caste Validity Certificate. The Scrutiny Committee rejected his application and also that ...
Jt-WP-11653-23&425-21.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11653 OF 2023
Truptej Dhondiram Kamble …Petitioner
Versus
The State Of Maharashtra & Ors. …Respondents
WITH
WRIT PETITION NO. 425 OF 2021
Tejaswi Dhondiram Kamble …Petitioner
Versus
Competent Authority/Commissioner
Office Of Commissioner, State Cell & Anr. …Respondents
----------
Mr. Anil V. Anturkar, Senior Counsel i/by Mr. Atharva Date for the
Petitioner in WP/11653/2023.
Mr. Suhas Deokar a/w Mr. Tanmay Shembavanekar, Mr. Shravan Sul
for the Petitioner in WP/425/2021.
Mr. P.P. Kakade Addl GP a/w Mr. P.G. Sawant, AGP for the
State/Respondent.
Ms. Meghna Gowalani for the Respondent No. 3 – CET CELL in
WP/11653/2023.
----------
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SHARAYU
PANDURANG
KHOT
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.10.22
16:14:58
+0530
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CORAM :R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J
Reserved on : 15 October 2026
Pronounced on : 22 October 2026
JUDGMENT : (Per R.I. Chagla, J.)
1. These Writ Petitions have been heard together as
common issue arises in both Writ Petitions.
2. The 1st Writ Petition, viz. Writ Petition No. 11653 of
2023 has been filed by Truptej Dhondiram Kamble and the 2nd Writ
Petition, viz. Writ Petition No. 425 of 2021 has been filed by Tejaswi
Dhondiram Kamble, who is the sister of Truptej Dhondiram Kamble,
the Petitioner in Writ Petition No. 11653 of 2023. Both the Petitions
impugn the orders of the Respondent No. 2 - Scheduled Tribe Caste
Scrutiny Committee (“Scrutiny Committee”).
3. For convenience, the facts in Writ Petition No. 11653 of
2023 are being adverted to.
4. The Petitioner had intended to secure admission in the
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First Year in MBBS course from the Scheduled Tribe category.
5. The Petitioner, prior to appearing for the NEET
examination, had been pursuing his Higher Secondary Certificate
(Science) at A.D. Joshi Junior College. The Principal of the said
college, on 30th April 2021, vide a letter forwarded the proposals /
application for grant of validity to the caste certificate of the
Petitioner before the Respondent No. 2 – Scrutiny Committee.
6. The Petitioner had on 23rd May 2023 submitted his
application online with Respondent No. 2 - Scrutiny Committee along
with all documents which the Petitioner intended to rely upon.
7. The Petitioner appeared for the National Eligibility cum
Entrance Test (“NEET”) and secured 294 marks in the examination
and secured All India Ranking at 434612 position and his Category
Ranking at 13261 position. The NEET result was declared on 13th
June 2023.
8. The Petitioner applied to various colleges in order to
secure admission in the First Year for the MBBS course. The
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admission process had already commenced.
9. The Petitioner had on 19th July 2023, through his
Advocate, filed an Application requesting the Respondent No. 2 -
Scrutiny Committee to expeditiously hear and decide the Petitioner's
Application claiming validity of his Caste Certificate.
10. The Vigilance Committee, on 27th July 2023, after
carrying out due investigation based on the documents submitted by
the Petitioner as well as the records inspected by them, submitted
their detailed Report. The Respondent No. 2 – Scrutiny Committee
issued Notice on 10th August 2023 to the Petitioner directing him to
remain present before the committee on 17th August 2023 for the
hearing of his Application.
11. The Petitioner on the stipulated date, viz. 17th August
2023, filed his detailed written notes of arguments / reply to the
Notice dated 10th August 2023 and the Vigilance Cell Committee
Report dated 27th July 2023.
12. The Petitioner submitted his genealogy and documents in
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support of his Tribe Claim, including the Birth Report of the
Municipal Corporation, Pandharpur City, of the Petitioner's
grandfather, namely Nagnath, son of Kondabai @ Kom Babaji Kamble
wherein the birth entry was recorded as 3rd June 1937.
13. The Respondent No. 2 - Scrutiny Committee passed the
impugned order dated 21st August 2023 rejecting the Petitioner's
Application for grant of Caste Validity Certificate. Accordingly, the
present Writ Petition has been filed.
14. Mr. Anturkar, the learned Senior Counsel appearing for
the Petitioner, has submitted that the Respondent No. 2 - Scrutiny
Committee has disregarded the only pre constitutional document, viz.
the birth record of Municipal Corporation, Pandharpur City, of the
Petitioner's grandfather, namely Nagnath, son of Kondabai @ Kom
Babaji Kamble wherein the birth entry is recorded as 3rd June 1937
and caste entry shows “Mahadev Koli”. This is on the ground that the
Vigilance report relied upon by the Scrutiny Committee showed an
addition of the name Nagnath in different ink and on subsequent
date viz. few days after the entry recorded on 3rd June 1937 i.e. 8th
June 1937.
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15. Mr. Anturkar has placed reliance upon the judgment of
the Supreme Court in Sayanna Vs. State of Maharashtra & Ors.
1
,
wherein the Supreme Court has held that in the Vigilance Report
relied upon by the Scrutiny Committee, it is not sufficient to show an
addition of a word while recording the caste of the Appellant as
Mannerwarlu in the school register. The police inspector has not
stated that the word “lu” was interpolated by the Appellant. The
Supreme Court observed that there is every possibility that the word
“lu” was not mentioned at the time of recording of the caste of the
Appellant and on being pointed out the correct spelling of the caste,
the word “lu” was added. Addition of the word “lu” subsequently
would not lead to an irresistible conclusion that the said word was
added by the Appellant or at his behest. Further, the Supreme Court
noted that it was an admitted position that the Scrutiny Committee
had never attempted to get an expert's opinion nor itself had
compared the disputed letters with the admitted ones of the
Appellant. Whether the alleged interpolation by addition has taken
place can be stated by a handwriting expert or by comparison of
admitted letters of a person with the disputed one. The Police
Inspector had never taken care to find out whether the word “lu” was
1 (2009)10 SCC 268
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subsequently added by the school authorities or by the Appellant. It
was necessary for the said officer to undertake such an exercise in
view of the specific defence of the Appellant that the school record
was lying with the school authorities and he had no opportunity,
whatsoever, to tamper with the same.
16. Mr. Anturkar has also placed reliance upon the judgment
of the Supreme Court in Yogesh Madhav Makalwad Vs. State of
Maharashtra & Ors.
2
. The Supreme Court relied upon its earlier
judgment in Anand Vs. Committee for Scrutiny and Verification of
Tribe Claims & Ors.
3
, wherein it was held that 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. The Supreme Court noted the
reliance placed by the Appellant on the School Admission and
Leaving Extract in respect of his grandfather namely, Jalba Malba
Makalwad, recorded on 10th October 1943, which indicated his caste
as Koli Mahadev. In view of the Report of the handwriting expert
22025 SCC online SC 1679
3(2012)1 SCC 113
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being inconclusive as to whether there is interpolation or not, the
learned Judges of the Supreme Court have themselves examined the
said document with a magnifying glass. On perusal of the entry, it
became clear to them that the words Koli Mahadev written in the
entry are in the same ink and in the same handwriting. Therefore,
the Supreme Court found that there could be no scope for
interpolation in the said entry. They further noted that on the basis of
this pre-Independence entry, the school records of the Appellant's
father, Madhav Jalba Makalwad, and his uncle, Vyankat Jalba
Makalwad, show the caste as Koli Mahadev.
17. Mr. Anturkar has also placed reliance on the order of the
Division Bench of this Court in Minakshi Manohar Gholap @ Mrs.
Priyanka Suryakant Shrungare Vs. State of Maharashtra & Ors.
4
,
wherein this Court had minutely perused the order of the Scrutiny
Committee. There was reference to the document of the year 1934 in
respect of Sadashiv only in the submission made on behalf of the
Respondent No. 4. This Court was of the view that there was no
consideration of the said document while recording the reasons for
invalidating the claim of the Petitioner. This Court found the ground
4Writ Petition No. 2204 of 2014 order dated 28.01.2015
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taken by the Scrutiny Committee, namely that there were many
documents which could have disproved the case of the Petitioner, is
no ground for not considering the important document which could
have thrown much light on the controversy. It was held that there
may be a dozen documents against a party, but a 13th relevant
document could turn the table and if that document is not considered
by an authority, the order would be bad in law. It is a well settled
position of law that the non consideration of a material document
would vitiate an order.
18. Mr. Anturkar has further placed reliance on the judgment
of the Division Bench of this Court in Shri. Santosh Ramling Kamble
Vs. State of Maharashtra & Ors.
5
. This Court in the said judgment has
placed reliance upon the judgment of the Supreme Court in Sayanna
(supra) in the context of the Scrutiny Committee having treated the
school entry as suspicious on the ground that it appeared to have
been written later in the same handwriting, but with different ink. It
has been consistently held that without a proper expert opinion, the
Scrutiny Committee is not a handwriting expert. The Petitioner, who
had no role in the making of the old register, cannot be made to
5Writ Petition No. 2383 of 2026 judgment dated 23.07.2026
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suffer on such a doubtful inference.
19. Mr. Anturkar has submitted that in view of the consistent
view taken by the Supreme Court and this Court, that a mere doubt
cast by the Scrutiny Committee on a document, particularly, a
document which is a pre-Independence document, is insufficient for
disregarding the document. In the present case, the Respondent No.
2 - Scrutiny Committee, in the impugned order, has disregarded the
birth record of the Municipal Corporation, Pandharpur City, of the
Petitioner's grandfather, namely Nagnath, son of Kondabai @ Kom
Babaji Kamble, wherein the birth entry was recorded as 3rd June
1937, on the ground that the name of the Petitioner's grandfather
Nagnath had been subsequently added. Further, the handwriting of
the name was in a different ink from the earlier entry. He has
submitted that subsequent addition of a name is after the naming
ceremony, which is a very common practice in India, and that itself is
not sufficient ground to disregard the document.
20. Mr. Anturkar has submitted that there is no case made
out by the Respondent No. 2 - Scrutiny Committee to hold that the
Petitioner had himself interpolated the said document. Further, there
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is no expert evidence relied upon by the Respondent No. 2 – Scrutiny
Committee to draw such inference. He has further submitted that the
view taken by the Respondent No. 2 – Scrutiny Committee in not
considering the material document, which was the only pre-
Independence document and which was required to be considered,
viz. that there were other documents which have disputed the case of
the Petitioner, is in the teeth of Minakshi Manohar Gholap @ Mrs.
Priyanka Suryakant Shrungare (supra). He has accordingly,
submitted that the present Petition be allowed.
21. Mr. Suhas Deokar, the learned Counsel for the Petitioner
in Writ Petition No. 425 of 2021, has adopted the submissions of Mr.
Anturkar. He has submitted that the impugned order is almost
identical to the impugned order, which forms the subject matter of
Writ Petition No. 11653 of 2023. He has accordingly sought for the
Writ Petition to be allowed on similar terms.
22. Mr P.P. Kakade, the learned Addl. G.P., appearing for the
Respondents Nos. 1 and 2 - State / Scrutiny Committee, has
supported the impugned orders. He has submitted that from the
original record which has been produced in Court, it is apparent that
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there were entries in the school record of the Petitioner's paternal
blood relatives, which showed inconsistencies in their Tribal Claim.
Further, there were certain entries where the word Mahadev had
been added and other entries which showed Hindu Koli. He has
submitted that on account of these inconsistencies, the Tribal Claim
of the Petitioner has been invalidated.
23. Mr. Kakade has further submitted that the genealogy tree
produced by the Petitioner also does not bear out the names of
certain of his blood relatives, which he has relied upon. Although
there is reference to the name of Petitioner's grandfather in the
genealogy tree, the mother of the Petitioner's grandfather Kondabai
has not been mentioned in the said genealogy tree.
24. Mr. Kakade has further submitted that in the pre-
Independence document which the Petitioner has relied upon, there
is interpolation in that the name of the Petitioner's grandfather, viz.
Nagnath, has been subsequently added in a different ink, and this is
borne out from the extract of the original birth record of the
Municipal Corporation, Pandharpur City. He has accordingly
submitted that this document cannot be accepted for allowing the
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Petitioner's Tribe Validity Claim.
25. Having considered the submissions, we find much merit
in the submissions of Mr. Anturkar for the Petitioner in Writ Petition
No. 11653 of 2023. The other Writ Petition viz. Writ Petition No. 425
of 2021 has been filed by the sister of the Petitioner in writ of Petition
No. 11653 of 2023. The fate of the both the Petitioners would be the
same.
26. It has been laid down by the Supreme Court in Anand
Vs. Committee for Scrutiny and Verification of Tribe Claims (supra)
that while dealing with the documentary evidence, greater reliance
may be placed on pre-Independence documents, because they furnish
a high degree of probative value to the declaration of status of a
caste, as compared to post-Independence documents.
27. In the present case, there is a pre-Independence
document, which the Petitioner had relied upon before the Scrutiny
Committee, namely the birth record of the Petitioner's grandfather
Nagnath, son of Kondabai Kom Babaji Kamble, wherein the birth
entry was recorded as 3rd June 1937. A view has been taken by the
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Respondent No. 2 - Scrutiny Committee that the entry of the
Petitioner's grandfather had been interpolated, as it was subsequently
added and in a different ink from the earlier entry in the birth record.
28. It is pertinent to note that such view taken by the
Respondent No. 2 – Scrutiny Committee is not backed by expert
evidence. It has been held by the Supreme Court in Sayanna (supra)
that the Vigilance Committee Report on which the Scrutiny
Committee has placed reliance, is required to establish that the
interpolation in the document is at the hands of the person, who is
taking benefit of the entry in the document, namely the Appellant in
that case and the Petitioner in the present case. It is insufficient for
the Police Inspector to merely state that the word has been added,
but it is for the Police Inspector to state that the word has been
interpolated by the Appellant. Further, whether the interpolation by
addition has taken place, can be stated by the handwriting expert or
by comparison of admitted letters of a person with the disputed one.
In that case, the Supreme Court had noted that it was an admitted
position that the Scrutiny Committee never attempted to get an
expert's opinion nor itself had compared the disputed letters with the
admitted one of the Appellant. Accordingly, the addition of the word
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"lu" subsequently in that case, would not lead to an irresistible
conclusion that the said word was added by the Appellant or at his
behest. It is necessary for the officer to undertake such exercise of
finding out whether the word "lu" was subsequently added by the
school authorities or by the Appellant, in view of the specific defence
of the Appellant that the school record was lying with the School
Authorities and he had no opportunity, whatsoever, to tamper with
the same.
29. The judgment of the Supreme Court in Sayanna (supra)
is squarely applicable to the present case. Here also there has been
no attempt made by the Scrutiny Committee to get an expert opinion
to establish that the entry of the caste claim is in a different
handwriting with the admitted handwriting of the Petitioner.
30. The Respondent No. 2 – Scrutiny Committee ought to
have carried out the exercise of finding out whether the entry of the
Petitioner’s grandfather’s name had been subsequently added by the
Petitioner, particularly, in view of the birth record lying with the
Municipal Corporation, Pandharpur City, and the defence taken by
the Petitioner that he had no opportunity to tamper with the same.
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Accordingly, the disregarding of the pre-Independence document is,
in our view, erroneous.
31. Further, it has been held by this Court in Minakshi
Manohar Gholap @ Mrs. Priyanka Suryakant Shrungare (supra) that
the ground taken by the Scrutiny Committee that there were many
documents, which could have disproved the case of the Petitioner,
would be no ground for not considering the important document
which could have thrown much light on the controversy. In the
present case, the non consideration of the only pre-Independence
document, viz. the birth record of the Municipal Corporation
Pandharpur City of the Petitioner's grandfather, by mere reference to
other documents, would render the impugned orders bad in law. It is
a well settled position of law that the non consideration of a material
document would vitiate an order.
32. Accordingly, the Respondent No. 2 - Scrutiny Committee
could not have based their conclusion on other entries in the
documents produced by the Petitioner, which they opine ‘suffer from
interpolations’ and reference has been made to the genealogy tree of
the Petitioner, which does not contain certain of the blood relatives of
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the Petitioner, namely the Petitioner's grandfather's mother Kondabai
@ kom Babaji Kamble, whilst overlooking the only pre-Independence
document, which itself establishes the Petitioner's claim as belonging
to Mahadev Koli Scheduled Community Tribe.
33. We, accordingly, find much merit in the present Petition.
The Writ Petition is accordingly allowed and the following order is
passed.
(i) The impugned orders dated 21st August 2023 and
27th November 2020 passed by the Respondent No. 2
- Scrutiny Committee in Writ Petition Nos. 11653 of
2023 and 425 of 2021 respectively are quashed and
set aside.
(ii) We declare that both the Petitioners belong to
“Mahadev Koli” Scheduled Tribe, and consequentially,
Respondent No. 2 - Scrutiny Committee is directed to
issue Caste Validity Certificates in favour of the
Petitioners within a period of three weeks from the
date of uploading of this order.
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(iii) Writ Petition No. 11653 of 2023 and Writ Petition No.
425 of 2021 are accordingly disposed of. There shall
be no order as to costs.
[FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.]
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