The evidentiary value of documents and the application of the affinity test in caste claims are crucial in determining caste validity.

S.S. Shinde, J.

1. Rule, returnable forthwith. By consent of the parties, taken up for final hearing.

2. The petitioner by way of this petition challenges the order dated 30th October, 2013 issued by the Caste Validity Committee No.1, Nashik Division, Nashik in File No. NAVI /JAPRAPS /GACHANDDA/MAHAR/INVALID/2013-14/2950/Nashik invalidating the claim of the petitioner.

3. It is the contention of the petitioner that the entry in the revenue record i.e. Village Form No.14 of the year, 1938 shows that the caste of petitioner's grandfather as “Mahar” (SC-37). In the year, 2001, the petitioner had taken admission in primary school of Zilla Parishad and his school leaving certificate shows his caste as Hindu Mahar. The school leaving certificate of the petitioner after passing 10th standard shows his caste as Hindu Mahar. It is contended that the caste certificate was issued in favour of the petitioner on 10.6.2011 as belonging to Mahar caste. The petitioner has been granted admission to 1st Year Engineering course at Mumbai for the year, 2013-14. On 17.6.2012, the respondent No.2 committee received the case of the petitioner for the purpose of issuance of caste certificate.

4. It is contended that the petitioner was required to give an undertaking that the caste validity will be submitted on or before 30.11.2013. The Vigilance Cell of the respondent No.2 after verifying the revenue records and school records of the petitioner and his father and after verifying from the concerned authorities, who have issued documentary evidence in favour of the petitioner, submitted its report to the respondent No.2 committee on 30.6.2013. The respondent No.2 committee has invalidated the claim of the petitioner vide order dated 30.10.2013. Hence, this petition.

5. The learned Counsel for petitioner submits that, the committee has overlooked the certificate of the father of the petitioner as well as the school leaving certificate of the petitioner which show that in those certificates caste of the petitioner and his father has been mentioned as Mahar. It is further submitted that the committee has not considered the photographs of the marriage of the petitioner's father and mother, which show that the ceremony was performed as in Mahar caste and not as Christian. Therefore, the conclusion drawn by the committee on the basis of Vigilance Cell report is not proper. It is also ignored by the committee that father of the petitioner during the course of visit of the Vigilance Cell, specifically denied that the petitioner's family follows traits of the Christian community. It is submitted that in the revenue record of his grandfather, in caste column “Mahar” is mentioned and said document is of the year, 1938 and the same has been certified by the Tahsildar. However, the committee has not considered the said document and reached to erroneous conclusion thereby invalidating claim of the petitioner that he belongs to Mahar caste. The counsel for the petitioner also invited our attention to the copies of the documents and submits that the petition deserves to be allowed.

6. The learned Counsel for the respondent – committee relying upon the findings recorded by the committee, submits that the committee has considered the documentary evidence and also Vigilance Cell report and reached to the conclusion correctly and, therefore, this Court may not interfere with the findings recorded by the respondent / committee.

7. We have given careful consideration to the submissions of the learned Counsel for the petitioner and learned AGP for respondents. With their able assistance, perused the pleadings and grounds taken in the petition, annexures thereto including the impugned decision of the committee and also original record made available for perusal by the learned AGP for the respondent Committee.

8. Upon careful perusal of the findings recorded by the respondent / committee, it appears that the committee has not considered the evidentiary value of the documents