Synopsis

The petitioners (niece and uncle) belonging to the ‘Thakur’ community sought validation of their Scheduled Tribe certificates. The Scrutiny Committee invalidated their claims relying on: (i) a single adverse entry showing a maternal cousin grandfather’s caste as ‘Bhat’ in 1953; (ii) the fact that ‘Thakur’ is also a forward caste; (iii) the failure of the affinity test. The High Court quashed the orders, holding that pre‑constitutional documents (1912 and 1940) showing ‘Thakur’ as the caste have higher probative value than a subsequent contra entry. The court reaffirmed that the affinity test cannot be the sole criteria for rejection when reliable documentary evidence exists. The petitioners were directed to be issued validity certificates.

1. Heading of the judgment

High court of judicature at bombay bench at aurangabad

Writ petition no. 13224 of 2023 with writ petition no. 1922 of 2012

Sheetal satish thakur (petitioner in wp/13224/2023) and Rohit sanjay thakur (petitioner in wp/1922/2012) vs. The state of maharashtra thr. its secretary & ors. (respondents)

Coram: hon’ble mr. justice sandipkumar c. more and hon’ble mr. justice abasaheb d. shinde

Core Law: Constitution of India – Scheduled Tribes order – Verification of caste/tribe claim – Probative value of pre‑constitutional documents – Affinity test – Validity of ‘Thakur’ Scheduled Tribe certificate.

Court: High Court of Judicature at Bombay, Bench at Aurangabad
Coram: Hon’ble Mr. Justice Sandipkumar C. More and Hon’ble Mr. Justice Abasaheb D. Shinde (Division Bench)
Date of Judgment: June 9, 2026 (Reserved on May 5, 2026)
Case Nos.: Writ Petition No. 13224 of 2023 and Writ Petition No. 1922 of 2012

2. Legal framework

Major laws and provisions involved:

• Constitution (Scheduled Tribes) Order, 1950 – Entry No.44 (‘Thakur’ in Maharashtra)

• Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003

• Evidence principles – probative value of pre‑constitutional documents vis‑à-vis post‑constitutional entries

Subject matter of the judgment:

Whether a claim for Scheduled Tribe ‘Thakur’ certificate can be rejected on the basis of: (i) a single contra entry of a maternal cousin grandfather showing ‘Bhat’ caste; (ii) the fact that ‘Thakur’ is also a forward caste; and (iii) the failure of the affinity test, when the claimant produces pre‑constitutional documents (1912, 1940) consistently showing ‘Thakur’ as the caste of direct paternal ancestors.

Key legal principles applied:

• Higher probative value of pre‑constitutional documents: Documents of pre‑Independence era (before 1947) furnish a higher degree

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