The main legal point established is the importance of relying on caste validity certificates of close blood relations on the paternal side and maintaining uniformity in upholding caste/tribe claims within the same family.

MANISH PITALE, J.

1. In our country Tribe / Caste is a recognised basis for identifying groups and communities in order to implement the policy of affirmative action including reservation. It cannot be disputed that close blood relations and persons related to each other on the paternal side belong to one and the same caste / tribe. It cannot be that father belongs to a particular caste / tribe and the sons and daughters belong to another. Hence, uniformity of status in terms of belonging to a particular caste / tribe is necessary to be recognised, so as to ensure that members of the same family belonging to a caste / tribe to whom benefits of reservation and other affirmative action have been granted, are not deprived of such benefits.

2. In the instant petition, the grievance raised by the Petitioners, who are brothers, is - as to how can they be deprived of the status of belonging to the Scheduled Tribe - Mahadeo Koli, when the claims of their own sister, a cousin and uncle have been recognised as belonging to the said Scheduled Tribe and when findings in their case have already attained finality.

3. The facts, in brief, of the present case are that both the Petitioners have caste certificates dated 20.6.1994 issued in their favour by the Executive Magistrate stating that they belong to the Scheduled Tribe – Mahadeo Koli. On the strength of these certificates, Petitioner No. 1 – Mukesh was appointed as Postal Assistant on 6.10.1997 in the office of Respondent No. 3 and Petitioner No. 2 was appointed as a Security Guard in November, 2003, in the office of Respondent No. 4. Their caste certificates were sent for scrutiny to Respondent No. 2 – Scheduled Tribe Certificate Scrutiny Committee (for short “Scrutiny Committee”), which initiated inquiry, including through Police Vigilance Cell to verify genuineness of the aforesaid certificates issued by the Executive Magistrate in favour of the Petitioners.

4. During the course of inquiry, following genealogy was brought on record, which has not been disputed:      

5. The Petitioners filed on record before the Respondent No.2 – Scrutiny Committee, an order of this Court dated 24.3.1994 passed in Writ Petition No. 1434 of 1994, wherein it was categorically held that Yamini Bastav, the sister of the Petitioners belonged to the Scheduled Tribe – Mahadeo Koli, and this Court had issued direction for issuance of validity certificate in her favour.

6. The Petitioners heavily relied upon the aforesaid order passed in favour of their sister, and they contended that the tribe status of siblings could not be different and that therefore, their claim of belonging to Mahadeo Koli was required to be upheld.

7. Apart from this, the Petitioners had also placed on record numerous documents in support of their claim. Yet, by the impugned order dated 6.1.2009, the Respondent No. 2 – Scrutiny Committee held that the Petitioners failed to prove their claim of belonging to Scheduled Tribe – Mahadeo Koli. Respondent No. 2 – Scrutiny Committee brushed aside the aforesaid order of this Court dated 24.3.1994 passed in favour of the sister of the Petitioners, by stating that each case was required to be decided on its own merits. On this basis, the Scrutiny Committee held that caste certificates dated 20.6.1994 issued by the Executive Magistrate in favour of the Petitioners were invalid and consequently, it cancelled and confiscated the certificates. Aggrieved by the same, the Petitioners have filed this writ petition.

8. Mr. R. K. Mendadkar, learned counsel appearing on behalf of the Petiti