RUPALI YASHWANT THAKUR v. STATE OF MAHARASHTRA AND ORS.
Caste Validity - Affinity Test Not a Litmus Test; Importance of Pre-Constitutional Documents; Remand for Fresh Scrutiny Committee Consideration.
Court: Bombay High Court
Citation: 2026:BHC-AS:2904-DB
Decision Date: 13-01-2026
List of Laws
Constitution of India; Caste Scrutiny Committee Regulations; 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) Certificate Act, 2000
- Facts: The Caste Scrutiny Committee rejected the Petitioner's claim to belong to the 'Thakur' Scheduled Tribe, primarily based on the 'affinity test'. The Petitioner challenged this rejection, relying on pre-constitutional documents showing her grandfather's tribe recorded as 'Thakar'.
- Procedural Posture: The Petitioner initially filed a Writ Petition in the High Court, which was dismissed. She then appealed to the Supreme Court, which partly allowed the appeal, set aside the High Court's order, and remanded the matter for fresh consideration. The High Court is now considering the matter again after the Supreme Court's remand.
- Issue: Did the Caste Scrutiny Committee err in invalidating the Petitioner's caste claim primarily based on the 'affinity test', without adequately considering pre-constitutional documents? Should the matter be remitted back to the Scrutiny Committee for fresh consideration?
- Holding: Yes, the Scrutiny Committee erred. The matter is remitted back to the Scrutiny Committee for fresh consideration.
- Reasoning: The High Court relied on the Supreme Court's ruling in Maharashtra Adiwasi Jamat Saurakshan Samiti v/s. State of Maharashtra, which held that the affinity test is not a "litmus test" for determining caste claims. The High Court emphasized that pre-constitutional documents have significant probative value and that the Scrutiny Committee should have considered the grandfather's pre-constitutional record indicating 'Thakar' as his tribe. The court quashed the Scrutiny Committee's order and directed a fresh decision within four months, instructing the committee not to be influenced by the previous invalidated order.
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