Point of Law: Invalidating the caste claim - affinity test may not be regarded as a litmus test for establishing the link of the applicant with a Scheduled Tribe.

JUDGMENT :

1. By this Petition, the Petitioner is seeking quashing and setting aside the order dated 15th March 2021 passed by Respondent No. 1-District Caste Verification Committee, Thane invalidating the caste claim of the Petitioner as “Rajput Bhamta.” It is the claim of the Petitioner that he belongs to Hindu Rajput Bhamta caste which falls in V.J. category and has been granted caste certificate dated 6th August 1993 by the Competent Officer.

2. Petitioner submitted proposal for caste verification on 4.4.2003 vide proposal No. 541 of 2003 to the Respondent No. 1-Committee after which the caste claim of the Petitioner was subjected to enquiry by the Vigilance Cell who submitted its report on 25th July, 2003. The Vigilance report is annexed at Exhibit-D (page 30 to the petition). It is submitted that based on its enquiry, the petitioner’s caste appeared to be “Rajput Bhamta.”

3. It is submitted that the Petitioner was directed to file a fresh proposal which was submitted by the Petitioner on 24th November 2010 and Petitioner submitted written submissions on 18th June 2013 pursuant to the request dated 1st June 2013 by the Respondent No. 1-Committee.

4. Petitioner submits that Petitioner had been consistently following up with Respondent No. 1 and was being informed that he would be communicated of the outcome of the pending proposal by post. He submits that to his shock and surprise, he received notice issued by the Respondent No. 2 dated 13th January 2021 Additional Joint Registrar of Co-operative Societies, Konkan Division, Navi Mumbai whereby Petitioner was called for hearing scheduled on 28th January 2021. It is pertinent to refer that earlier the Petitioner based on caste certificate dated 6th August 1993 was appointed as Junior Clerk with the Co-operative Officer, Co-operative Society, Vengurla vide order dated 31st December 2003 pursuant to the recruitment drive for backlog of backward community. Pursuant to the selection, by order dated 12th March 2003 Respondent No. 1-Caste Scrutiny Committee requested the Petitioner to submit certain documents with the Divisional Social Welfare Officer pursuant to which the proposal referred to above was submitted by the Petitioner for caste verification.

5. Pursuant to the notice for hearing scheduled on 28th January 2021, Petitioner participated in the said hearing and filed reply with the Respondent No. 1. The Respondent No. 2-employer also passed order on 28th January 2021 requesting the Petitioner to submit caste validity certificate within a period of 15 days else suitable action would be initiated against the Petitioner.

6. Petitioner thereafter approached Respondent No. 1-Scrutiny Committee. However, since no decision was coming forth, Writ Petition St. No. 2920 of 2021 was filed pursuant to which by order dated 18th February 2021, Petitioner was directed to submit the relevant documents on or before 26th February 2021 whereupon a decision was directed to be taken on or before 19th March 2021.

7. Thereafter Petitioner has submitted documents listed in paragraph 1(s) of the Petition and also referred to on pages 2 to 4 of the Impugned Order. After submission of documents by the Petitioner, Respondent No. 1, directed scrutiny of documents and issued notice to submit written explanation vide letter dated 5th March, 2021 as the documents were insufficient and inconclusive to prove caste claim. Petitioner appeared before the Respondent No. 1-Scrutiny Committee on 10th March, 2021 and submitted written explanation after which Respondent No. 1-Scrutiny Committee vide order dated 15th March, 2021 rejected the caste claim of the Petitioner.

8. Being aggrieved by the same, Petitioner is before us seeking quashing of order of the Respondent no. 1 dated 15th March 2021 and for protection of employment as Junior Clerk with Respondent No. 2.

9. Learned counsel Shri Kulkarni appearing for the