The main legal point established in the judgment is the requirement for evidence of complete assimilation with the new faith and the reactions of the old body, as well as the intentions of the individual, in cases of conversion and its impact on caste status.

R.M. Borde, J.

1. Heard. Rule.

2. With the consent of the parties the petition is taken up for final disposal, at admission stage.

3. The Petitioner is praying for quashment of the Judgment and Order passed by the Respondent No. 2 Caste Scrutiny Committee on 12th July, 2013 directing invalidation of the caste certificate issued in favour of the Petitioner.

4. The petitioner claims to be belonging to "Mang" caste which is a part of Scheduled Castes. The Petitioner tendered an application to the Respondent No. 3 for consideration of his claim for appointment in Class-IV category as a peon on compassionate ground. The request of the Petitioner was considered and he came to be appointed as a Peon as against a vacancy reserved for Scheduled Caste category. The caste certificate issued in favour of the Petitioner, certifying that he belongs to "Mang" caste has been referred to the Scrutiny Committee for validation. The scrutiny committee, however, on consideration of evidence placed on record by the Petitioner, directed invalidation of the caste certificate. This order is impugned in this petition.

5. The Petitioner, in order to substantiate his claim of his belonging to Scheduled Caste category, placed reliance on the documentary evidence in the form of his school record, the school record of his uncles and the service record pertaining to his father. In the school record of the petitioner, his caste is recorded as "Hindu Mang". So also, the school leaving certificate, issued in favour of the uncle of the petitioner by name Gangaram Banshi Shinde, records entry in respect of his caste as "Hindu Mange". The date of admission of the uncle of the petitioner in the school is 11th July, 1971. The school record of Vishwanath Banshi Shinde, uncle of the Petitioner, also records entry in respect of his caste as "Hindu Mang" and his date of birth is recorded as 14th May, 1949. That, so far as service record of the father of the petitioner is concerned, the entry in respect of his case was initially recorded as "Mang", however, the said entry is rounded and as against the said column, his caste is recorded as "Christian".

6. The Vigilance Cell has conducted home inquiry and tendered a report to the committee. The Vigilance Officer recorded a statement of father of the petitioner wherein he deposed about the custom and traditions of the "Mang" community. The father of the petitioner reiterated that he belongs to "Mang Caste" and has not relinquished the old order. Although the father of the petitioner has stated to the Vigilance Officer that he pays respect to Yeshu Christ and occasionally visit church, however, he belongs to "Hindu Mange" caste. The scrutiny committee, however, considering the entry recorded in the service record of the father of the petitioner and considering his statement that he visits church on certain occasions and pays respect to Yeshu Christ, proceeded to hold that the father of the petitioner has converted to Christianity and as such his claim for issuance of validation certificate cannot be considered.

7. We have perused the order passed by the scrutiny committee and heard the arguments advanced by the learned counsel appearing for the parties. In our view, the scrutiny committee has committed a serious error in holding that the father of the petitioner has converted to christen religion. There is absolutely no evidence on record to show that the family of the petitioner has relinquished Hinduism and adopted to new order i.e. Christianity. It is contended by the Petitioner that right from his birth he claimed himself to be belonging to "Mang" caste. The marriage of the parents of the petitioner was solemnised in accordance with Hindu faith and the mother of the Petitioner also belong to Hindu Mang caste. The petitioner and his brothers and sister are married in accordance with Hindu Custom and there is absolutely no evidence in respect of their conversion to Christianity. In order to determine the caste status of a