Synopsis

The petitioners (students) claimed to belong to the ‘Dhoba’ Scheduled Tribe (Entry No. 18). They produced pre‑constitutional documents – birth extracts of their common ancestors dated 17.08.1930 and 10.03.1945 showing caste as “Dhoba”. The Scrutiny Committee invalidated their claims relying on four adverse entries (birth records and a school extract) showing the caste as “Dhobi” (not a Scheduled Tribe). The petitioners denied any relationship with the persons named in those adverse entries, pointing out that those names did not appear in their undisputed family tree. The High Court quashed the invalidation order, holding that: (i) in the absence of any material establishing the nexus between the persons in the adverse entries and the petitioners’ admitted genealogy, those entries could not be treated as blood‑relative entries; (ii) allegations of interpolation without expert opinion are not sustainable; (iii) the affinity test is not a litmus test; (iv) pre‑constitutional documents of “Dhoba” carried higher probative value.

1. Heading of the judgment

High court of judicature at bombay nagpur bench, nagpur

Writ petition no. 7492 of 2022

Ku. disha d/o shivkumar warankar & ors. (petitioners) vs. State of maharashtra, thr. secy., tribal welfare and social justice dept., mumbai & anr. (respondents)

Coram: hon’ble smt. justice urmila joshi phalke and hon’ble smt. justice nivedita p. mehta

Core Law: Constitution of India – Scheduled Tribes Order, 1950 – Entry No. 18 (Item No. 19) ‘Dhoba’ – Maharashtra Scheduled Castes, Scheduled Tribes, De‑notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 – Section 8 – Burden of proof – Probative value of pre‑constitutional documents – Adverse entries – Affinity test.

Court: High Court of Judicature at Bombay, Nagpur Bench
Coram: Hon’ble Smt. Justice Urmila Joshi Phalke and Hon’ble Smt. Justice Nivedita P. Mehta (Division Bench)
Date of Judgment: June 12, 2026 (Reserved on June 9, 2026)
Case No.: Writ Petition No. 7492 of 2022

2. Legal framework

Major laws and provisions involved:

• Constitution (Scheduled Tribes) Order, 1950 – Entry No. 18 (Item No. 19) ‘Dhoba’ (Maharashtra)

• Maharashtra Scheduled Castes, Scheduled Tribes, De‑notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 – Section 8 (burden of proof)

• Maharashtra Scheduled Castes, Scheduled Tribes, De‑notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2003

Subject matter of the judgment:

Whether a claim to ‘Dhoba’ Scheduled Tribe can be invalidated by the Scrutiny Committee on the basis of adverse entries showing the caste as ‘Dhobi’ when the petitioners have produced pre‑constitutional documents showing ‘Dhoba’ and have specifically denied any relationship with the persons named in the adverse entries, and when those na

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