Bombay High Court
Administrative and Public LawConstitutional Law

Close relatives’ subsisting caste validity certificates preclude rejection solely for failure of the affinity test.

Tanmay Mahesh Gaikwad vs State Of Maharashtra Thru Secretary, Tribal Development Dept. And Ors

Bombay High CourtJUDGMENT: October 15, 20262 MIN READSOURCE JUDGMENT
Close relatives’ subsisting caste validity certificates preclude rejection solely for failure of the affinity test.. Tanmay Mahesh Gaikwad vs State Of Maharashtra Thru Secretary, Tribal Development Dept.  And Ors. Bombay High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner claimed to belong to the Thakur Scheduled Tribe.

Source reference: no citation

The Scheduled Tribe Certificate Scrutiny Committee invalidated his claim solely because he failed the affinity test.

Source reference: p. 2, paras. 2–3

The Petitioner relied on caste validity certificates granted to his father and other paternal relatives, and on a High Court order allowing a petition by his cousins.

Source reference: pp. 2–3, para. 4; p. 4, para. 7

The State submitted that it was taking steps to recall the certificate granted to the Petitioner’s father.

Source reference: p. 3, para. 5

The Petitioner sought to quash the Committee’s order.

Source reference: p. 2, para. 2
02

Issues

1. Whether the Committee’s invalidation of the Petitioner’s Thakur Scheduled Tribe claim solely on the basis of the affinity test could stand when close paternal relatives held caste validity certificates.

Source reference: pp. 2, 4, paras. 3, 7–8

2. Whether the Petitioner was entitled to a direction requiring the Committee to issue him a caste validity certificate.

Source reference: p. 5, para. 9
03

Law Applied

The Court relied on Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra, (2023) 16 SCC 415, and Apoorva d/o Vinay Nichale v. Divisional Caste Certificate Scrutiny Committee No. 1, 2010 SCC OnLine Bom 1053.

Source reference: p. 5, para. 8

Applying those precedents, the Court held that an adverse affinity-test finding could not, on the facts of this case, sustain rejection where close blood relatives had valid and subsisting caste validity certificates.

Source reference: pp. 4–5, paras. 8–9
04

Reasoning

The Court noted that the Petitioner’s father and several paternal relatives had been granted validity certificates, and that the certificates remained valid and subsisting.

Source reference: p. 4, para. 7; p. 5, para. 9

Because the Committee had rejected the claim only for failure to satisfy the affinity test, the Court concluded that its order could not withstand legal scrutiny in light of the cited precedents and the relatives’ certificates.

Source reference: p. 5, paras. 8–9

The State’s stated intention to seek recall of the father’s certificate did not alter the Court’s finding that the certificate was then valid and subsisting.

Source reference: pp. 3, 5, paras. 5, 9
05

Holding

The Court allowed the petition and quashed the Committee’s order dated 20 July 2018.

It directed the Committee to issue the Petitioner a caste validity certificate as belonging to the Thakur Scheduled Tribe within six weeks of communication of the order.

Source reference: p. 5, Order, clause (iii)

Rule was made absolute, with no order as to costs.

Source reference: p. 6, paras. 10–11
Bombay High Court

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Tanmay Mahesh GaikwadvsState Of Maharashtra Thru Secretary, Tribal Development Dept. And Ors

Bombay High Court · October 15, 2026

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