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2019 Supreme(Bom) 2337
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.K. Deshpande, Vinay Joshi, JJ.
Saurabh - Appellant
Versus
Scheduled Caste Certificate Scrutiny Committee - Respondent
Writ Petition Nos. 5805 and 5788 of 2017
Decided On : 15-01-2019
Shri R.S. Parsodkar, Advocate, for the Appellant; Shri N.R. Patil, AGP, for the Respondent
Headnote:
Constitution of India,1950 - Article 226 - Constitution (Scheduled Tribes) Order, 1950 - Scheduled Tribe - Caste claim - Praying for quashment - Petitioners claim to be belonging to "Thakur - Scheduled Tribe", which is an entry at Sr. No. 44 of Constitution (Scheduled Tribes) Order, 1950 - Petitioners are prosecuting their education and accordingly petitioner - Saurabh, has applied to respondent Committee on through Principal, Bhartiya Mahavidyalaya, Rajapeth, Amravati, whilst petitioner - Advait, equally applied to respondent Committee on through Principal, Shri R.L.T College of Science, for verification of their caste claim - Petitioners caste certificates were forwarded for verification to respondent Committee - Petitioners submitted various documents, including pre-constitutional documents in respect of their respective claims - Petitioners have relied on preconstitutional documents as well as upon certificates of validity of their blood relatives who are belongs to Thakur - Scheduled Tribe – Held, Apex Court has laid down that a cautious approach has to be adopted and with migration, modernisation and contact with other communities, these communities tend to develop and adopt new traits which may not essentially match with traditional characteristics of tribe - It holds that affinity test may not be recorded as litmus test for establishing link of applicant with Scheduled Tribe - Affinity test is to be used to corroborate documentary evidence and it is not to be used as sole criteria to reject a claim - In substance, there are two validities of blood relatives in family - No plea is taken that they are obtained by fraud or misrepresentation - There exists several pre-constitutional documents having high probative value relating to family members, however, despite that, on perfunctory reasons rejection is accorded which would deprive benefits of tribal claim to petitioners who are shown to be of Thakur Scheduled Tribe from their forefathers that too right from the year - Writ Petition Nos.5805 and 5788 of 2017 stands allowed.
JUDGMENT
Vinay Joshi, J. (Oral) - Rule made returnable forthwith. Heard finally by consent of parties.
2. These petitions are filed under Article 226 of the Constitution of India, praying for quashment and setting aside of impugned common order dated 11.04.2017, passed by the respondent - Scheduled Caste Certificate Scrutiny Committee, Amravati. By the impugned order, the caste claim of petitioners - Saurabh (Writ Petition No. 5805/2017) and Advait (Writ Petition No.5788/2017), were came to be invalidated.
3. Petitioners claim to be belonging to "Thakur - Scheduled Tribe", which is an entry at Sr. No. 44 of Constitution (Scheduled Tribes) Order, 1950. Petitioners are prosecuting their education and accordingly petitioner - Saurabh, has applied to the respondent Committee on 27.11.2006, through the Principal, Bhartiya Mahavidyalaya, Rajapeth, Amravati, whilst petitioner - Advait, equally applied to the respondent Committee on 15.06.2010, through the Principal, Shri R.L.T. College of Science, Akola, for verification of their caste claim.
4. Accordingly, petitioners caste certificates were forwarded for verification to respondent Committee. Petitioners submitted various documents, including pre-constitutional documents in respect of their respective claims. Petitioners have relied on preconstitutional documents as well as upon the certificates of validity of their blood relatives namely Dhananjay Wardekar and Ajay Wardekar, who are belongs to Thakur -Scheduled Tribe.
5. The caste claims were enquired into by the Police Vigilance Cell. The Committee issued show cause notices to petitioner and upon obtaining explanation expressed its dissatisfaction about the genuineness of caste claim and ultimately vide impugned order dated 11.04.2017, invalidated the caste claims.
6. Petitioners have tendered in all 67 documents in support of their caste claim which is evident from the impugned order itself. Some documents which are of pre-constitutional era, are as follows :
| Sr. No. | Nature of Document | Name | Caste Recorded | Date | Relationship with petitioners |
| 1. | School leaving certificate. | Pandit Kashirao Wardekar. | Thakur | 15.06.19 39. | Grandfather of Petitioner Saurabh |
| 2. | First page of service book. | Pandir Kashirao Wardekar | Thakur | 30.06.19 32 DOB. | Grandfather of Petitioner Saurabh. |
| 3. | School leaving Certificate | Jagannath Madhaorao | Thakur | 03.09.19 17 | Paternal Cousin grandfather of Petitioner Saurabh |
| 4. | Birth Extract | A male child shown to have born to Kashinath. | Thakur | 1943 | Grandfather of Petitioner Saurabh. |
| 5. | Birth Extract | A male child (Suresh) shown to have born to Kashinath Madhav. | Thakur | 15.06.19 41 | Cousin Grandfather of Petitioner Saurabh. |
| 6. | Extract of Mutation Register | Kashirao Madhorao Thakur. | - | 28.08.19 40 | Paternal great grandfather of petitioner Saurabh. |
7. Besides that, two validity certificates as mentioned above are pressed into service. The resistance is mainly on the ground that petitioners failed in their affinity test. Secondly, though the entire record shows the entry of "Thakur", however, these entries are not sufficient to claim ''Thakur Scheduled Tribe''. Respondent would submit that Thakur caste is also in upper caste, therefore, only on
