Caste certificate - Factors to be considered.

ORDER

1. Delay condoned in SLP(C) No.11376/2010.

2. Both the petitions are filed by two cousin (sisters) against the decision of the Scheduled Tribe Certificate Scrutiny Committee, Pune Region, Pune, (for short “Scrutiny Committee”) in Case No.ICSC/MPSC/Pune-01/2006 decided on 30th July, 2007 and in Case No. TCSC/SER/PUNE/19/2006 decided on 26th March, 2009, whereby the claim of the petitioners belonging to 'Thakar, Scheduled Tribe' was rejected. Both the petitioners moved the High Court of Judicature at Bombay by way of separate writ petitions being Writ Petition No.6674 of 2007 and Writ Petition No.5231 of 2009, which were dismissed by orders, dated 8th January, 2008 and 4th November, 2009 respectively. Both the petitioners are relying on common facts in support of their claim. They are also relying on the Certificate issued to Dilip Pandurang Pawar, recognizing his caste to be “Thakar Scheduled Tribe”. For the purposes of this order, we shall make a reference to the facts as pleaded by the petitioner in Writ Petition No. 6674 of 2007.

3. A perusal of the order passed by the Scrutiny Committee in the case of the petitioner in Writ Petition No.6674 of 2007 would show that she had relied upon the following documents in support of her claim:

“I. Original and attested copy of caste certificate in respect of applicant showing caste as Hindu Thakar, Scheduled Tribe bearing No.030405248, dated 11.7.2003 issued by the Deputy Collector, (C.F.C. Pune)

II. Attested copy of school leaving certificate in respect of applicant wherein caste is shown as Hindu Thakar and date of admission 02.06.88.

III. Attested copyof high school leaving certificate in respect of applicant wherein caste is shown as Hindu Thakar and date of admission 12.06.95.

IV. Attested copy of school admission abstract in respect of Laxman Tukaram Thakar (applicant's grandfather) wherein caste is shown as Thakar and date of admission is not recorded.

V. Attested copy of school leaving certificate in respect of Sakharam Tukaram Thakar (applicant's cousin grandfather) wherein caste is shown as Thakar and date of admission 23.08.23.

VI. Attested copy of caste certificate showing caste as Hindu Thakar, Scheduled Tribe and attested copy of validity certificate issued by the Scrutiny Committee, Pune vide No.TRI/TCSC/Pune-1/2001/2998, dated 19.07.2002 in respect of Dilip Pandurang Pawar (applicant's uncle). Also the original affidavit sworn by Dilip Pandurang Pawar showing the relationship with the applicant.

VII. Attested copy of death certificate in respect of Rama Pipalu Thakar (applicant's great grandfather) wherein caste is shown as Thakar and date of death is 10.12.22.

VIII. Attested copy of death certificate in respect of Bakula Kom Tukaram Thakar (applicant's great grandmother) wherein caste is shown as Thakar and date of death is 21.10.18.

IX. Attested copy of death certificate in respect of Banu Kom Tukaram Thakar (applicant's great grandmother) wherein caste is shown as Thakar and date of death is 15.04.39.

X. Attested copy of death certificate in respect of Chandri Bap Tukaram Thakar (applicant's father's aunt) wherein caste is shown as Thakar and date of death is 10.11.17.

XI. Attested copy of death certificate in respect of Parvati Bap Tukaram Thakar (applicant's father's aunt) wherein caste is shown as Thakar and date of death is 22.11.22.

XII. Attested copy of birth certificate showing that one female child is born to Tukaram Rama Thakar (applicant's grandfather) wherein caste is shown as Thakar and date of birth is 19.11.23.

XIII. Unattested copy of death certificate in respect of Babaji Bin Ramu Thakar (applicant's relative wherein caste is shown as Thakar and date of death is 04.10.12.

XIV. Unattested copy of birth certificate in respect of Shevanti Tukaram Thakar (applicant's father's aunt) wherein caste is shown as Thakar and date of birth is 11.04.33.”

4. The Vigilance Cell conducted separate enquiries into the claim made by both the petitioners. During th