AnoopV. Mohta, J.

1. Rule, returnable forthwith. Learned counsel appearing for the respective Respondents waive service. Heard finally, by consent of the parties.

2. All these Petitions revolve around the issues relating to and connected to validation of castes certificates belonging to “Thakar”/ “Thakur” or “Ka Thakur”, “Ka Thakar”, “Ma Thakur”, “Ma Thakar” Schedule Tribe (ST) (for short “the Thakur tribes”) of the State of Maharashtra. By this common judgment, we are dealing with basically the issues of “the Constitutional area restriction removal”, “affinity test”, “relations certificates” and its effect on assessing the evidence/documents and the merits of the matter while granting /rejecting/validating the caste certificate.

3. Each case has to be considered on its own merits, as the relevant oral, as well as, documentary evidence are required to be dealt with independently, while deciding the case on its merits. However, the above concepts go to the root of the impugned orders passed by the Scrutiny Committee under the 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 (Maharashtra Act No. XXIII of 2001) (for short, the Act) w.e.f. 18 October 2001 and the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 (for short, “the Rules”). w.e.f. 4 June 2003.

4. The scope, purpose and scheme of the Act and the Rules thereunder have been elaborated and discussed in many judgments including AnandVs. Committee for Scrutiny and Verification of Tribe Claims & Ors. (2012) 1 SCC 113) and Shilpa Vishnu Thakur Vs. State of Maharashtra & Ors. (2009 (3) Bom. C.R. 497). There is no dispute that even prior to the enactment of State Law/Rules, the Respondent-State and its Authority/officers used to grant/reject/validate the respective caste certificates principally based upon the Judgments of Supreme Court (Kumari Madhuri Patil Vs. Additional Commissioner Tribal Development) (1995 (2) Bom. C.R. (S.C.) 690 = (1994) 6 S.C..C. 241) and High Courts. Earlier there was no such statutory provisions, however the caste certificates so issued after validation, have been recognized and accepted for all the purposes. All the concerned have been acting upon those caste certificates till this date. It is only after the Act and the Rules made thereunder, a procedure and practice notified, which required to be followed by all.

5. It is in the interest of Applicant/candidate/person who wants to claim the benefits of reservation as declared in The Constitution of India, including The Constitution (Scheduled Tribes) Order, 1950, (for short, “first Presidential Order”), the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, (for short, “modified order 1956”). The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (for short, “the Act of 1976”) and The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 dated 8 January 2003. It is also in the interest of other people at large, as no one who claims such reservation or benefits, though they are not deserving and/or entitled, granted such status/benefits.

6. The caste certificate and/or the validation of caste means and covers all the Constitutional benefits/reservation provided to the concerned tribe/caste. Such certificates therefore are important not only for the Claimant/Applicant, but for the future generation to come. The decision and/or the order therefore, for and/or against Claimant/Applicant, passed by the Scrutiny Committee in such matters, based upon the material available on record, therefore, need judicious, fair and unbiased and/or unprejudiced approach/inquiry on the foundation of fair and reasonable opportunity as contemplated within the ambit of principles of natural justice.

THE CONSTITUTIONAL AREA RESTRICTIONREM