Full Judgment Text
IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 6842 OF 20 25 with WRIT PETITION NO. 7235 OF 2023 ............ WRIT PETITION NO. 6842 OF 2025 PETITIONER : Tushar S/o Ratankumar Madan, Aged about 28 years, Occu. Medical Practitioner, R/o 401, The Royal Park, Bhagwaghar Layout, Dharampeth, Nagpur. VERSUS RESPONDENT : The Chairman, District Caste Certificate Scrutiny Committee, Nagpur. with WRIT PETITION NO. 7235 OF 2023 PETITIONER : Santosh D/o Tarachand Madan, Aged about 51years, Occu. Service, R/o Hudia Bhavan, Plot No. 148, Opp. Cinetec, Queta Colony, Nagpur 4400 08. VERSUS RESPONDENT : 1] The Chairman, District Caste Certificate Scrutiny Committee, Nagpur. 2] The Principal, Nityanand Kanya Vidyalaya, Namak Ganj, Near Itwari Post Office, Nagpur. 3] The Education Officer (Secondary), Zilla Parishad, Nagpur. 2025:BHC-NAG:14564-DB --------------------------------------------------------------------------------------------------- Ms. Priti Rane with Ms. Himani Kavi, Advocates for the petitioners Mrs. Sangita S. Jachak, Addl.G.P. for respondent no.1 in WP 6842/25 and for respondent nos.1 and 3 in WP 7235/23. --------------------------------------------------------------------------------------------------- CORAM : SMT. M. S. JAWALKAR and M. W. CHANDWANI, JJ. DATE : DECEMBER 16, 2025. ORAL JUDGMENT : (Per M.W.Chandwani, J.) 1. RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. Since both the petitioners are related to each other and the issue involved in these petitions is the same, these petitions are being disposed of analogously. 3. By these petitions, the petitioners challenge the order dated 11.03.2022 passed by respondent The District Caste Certificate Scrutiny Committee, Nagpur (hereinafter referred to as the Committee), thereby revoking the order of validity granted earlier and passing the order of invalidation of the caste claims of the petitioners stating that they belong to Khatri Other Backward Class. 4. The petitioners claim that they belong to Khatri Other Backward Class which is enlisted at Sr. No. 126 as per Government Resolution dated 25.06.2008 published by Notification dated 26.09.2008 issued by the State of Maharashtra. One Chaitali Ratankumar Madan applied for issuance of validity certificate of her caste claim before the Committee. In support of her caste claim, she relied on voluminous documents as well as the validity granted to the relatives i.e. the present petitioners. However, the Committee invalidated her caste claim. The Committee while invalidating her caste claim also issued show cause notices to the present petitioners as to why the validity certificates granted to them should not be revoked and after hearing the petitioners, the impugned orders came to be passed. 5. Notably, Chaitali Madan filed a writ petition bearing No. 7243/2023 challenging the invalidation of her caste claim. This Court by order dated 14.11.2025, allowed the petition with a direction to the Committee to issue validity certificate to her. Since, Chaitali Madan who is the real sister of the petitioner in WP No. 6842/2025 and the niece of the petitioner in WP No. 7235/2023, has been granted validity certificate under the dictum of this Court, we feel that 4 the present petitions are covered by the decision of this Court in Writ Petition No. 7243/2023, decided on 14.11.2025. 6. That apart, as held in Rashmi .vs. Deputy Commissioner and Member, District Caste Certificate Scrutiny Committee and others, reported at (2024) 6 Bom C R 197 we may observe that the Committee does not have the power to review its own order, unless it is shown that any fraud is committed by a person in whose favour the validity certificate is issued. Needless to mention that the Committee has failed to demonstrate that any fraud has been committed at the hands of the petitioners. Therefore, we find that the orders impugned in these petitions are erroneous and do not stand to the reason. 7. Accordingly, the writ petitions are allowed. i] The impugned orders dated 11.03.2022 passed by the respondent District Caste Certificate Scrutiny Committee, Nagpur in case No. N/1062/14-15 and MNP/OBC/12/10 invalidating the caste claim of the petitioners are quashed and set aside. ii] It is hereby declared that the petitioners belong to Khatri Other Backward Class. 5 iii] The respondent District Caste Certificate Scrutiny Committee, Nagpur is directed to issue fresh Caste Validity Certificates to the petitioners within two months from the date of receipt of this order. 8. Rule is made absolute in the aforesaid terms. The writ petition stands disposed of. No order as to costs. (M.W.CHANDWANI, J.) (SMT. M.S.JAWALKAR, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 19/12/2025 15:23:05