The main legal point established in the judgment is the importance of documentary evidence, the credibility of pre-Independence documents, and the need for oral evidence to establish caste status, as highlighted in the case of Anand vs. Committee for Scrutiny and Verification of Tribe Claims & Ors. (2012) 1 SCC 113.

JUDGMENT :

SURENDRA P. TAVADE, J.

1. Rule.

2. Rule made returnable forthwith by consent of the parties. The petition is heard finally.

3. The Petitioner has fled this petition seeking quashing and setting aside the impugned Order dated 10.10.2019 passed by the Respondent No.2-Caste Scrutiny Committee, thereby rejecting the caste claim of the Petitioner.

4. It is contended that the Petitioner belongs to Hindu ‘Beda Jangam’, which is recognized as a Scheduled Caste. On 20.06.2008 the Petitioner was appointed as an Assistant Teacher in the establishment of Respondent No.5 on the basis of his caste claim as ‘Beda Jangam’. After appointment of the Petitioner, Respondent No.5 has submitted proposal of the Petitioner for caste verification. On 02.12.2017, Respondent No.2-the District Caste Certificate Scrutiny Committee, Kolhapur issued show-cause notice to the Petitioner and asked her to produce more evidence in support of her caste claim. Accordingly, the Petitioner appeared before Respondent No.2- Committee and submitted affidavits of two senior citizens, who supported her caste claim. Respondent No.2 had also called for a Vigilance Report from the concerned police station. On the basis of the documents including the Vigilance Report and affidavits of two senior citizens, the impugned Order came to be passed.

5. It is contended by the Petitioner that the impugned order is illegal and invalid. No cogent reasons are given by Respondent No.2 while rejecting the caste claim of the Petitioner. It is contended that Respondent No.2 has not dealt with the documents or the explanation given by the Petitioner to the show-cause notice. The caste certificate and the entry in the service-book of the father of the Petitioner was also not considered by Respondent No.2. It is contended that Respondent No.2 has simply held that the Petitioner has not submitted pre-constitutional documents; hence, her claim was wrongly rejected by Respondent No.2-Committee. It is contended that the caste certificate of the real brother of the Petitioner was also not considered by Respondent No.2-Committee. It is contended that the brother of the Petitioner was issued a caste certificate, wherein the caste is shown as ‘Beda Jangam’, but the said fact is not considered by Respondent No.2- Committee. It is contended that the impugned order is not legal and valid; hence, it be quashed and set aside and Respondent No.2-Committee be directed to issue caste certificate in favour of the Petitioner.

6. Respondent No.2 appeared and fled its Affidavit-in-Reply through Radhkisan Navnath Devde. It is contended that the Petitioner was selected on the seat reserved for Scheduled Caste category. She claims to be of ‘Beda-Jangam’ caste. Her caste certificate was sent to Respondent No.2- Committee for verification. Respondent No.2-Committee has verified and considered her caste certificate, school leaving certificate, father’s bonafide certificate and other revenue documents of the Petitioner. Similarly, Respondent No.2-Committee has also considered Vigilance Cell Report. It is contended that Respondent No.2-Committee has come to the conclusion that there was no document showing the caste of the Petitioner as ‘Beda Jangam’. It is contended that the Petitioner relied upon school leaving certificate issued by the Headmaster of Shri Vikas Vidya Mandir, Kolhapur in respect of her brother, wherein her brother’s caste is mentioned as ‘Hindu Beda Jangam’. The said document was verified by Vigilance Cell and found that in the original school register the word ‘Beda Jangam’ was written subsequently in place of the original entry of ‘Hindu Lingayat’. It is contended that the first page of original service-book of father of the Petitioner was produced on record. In the original service-book words ‘Beda Jangam Scheduled Caste’ was written subsequently as it is in difference of ink as well as handwriting. It is contended that words ‘Beda Jangam’ are interpolated. It is contended that the documents prod