The main legal point established is the binding nature of previous court decisions and government resolutions in the issuance of caste validity certificates for blood relatives.

JUDGMENT :

N.B. Suryawanshi, J.

1. Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

3. This petition filed under Article 226 of the Constitution of India seeks following reliefs:-

i) By a writ of certiorari or by a suitable writ order or direction, quash and set aside the order dated 16.01.2020 at ANNEXURE-1 to the petition passed by the respondent Committee, the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati.

ii) It be declared that the petitioner belongs to Halbi Scheduled Tribe, which is an entry at Sr. No. 19 in the Constitutional Scheduled Tribes Order, 1950 and direct the Respondent No. 1, the Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati, to issue Caste Validity Certificate in the name of the petitioner certifying that the petitioner belongs to Halbi Scheduled Tribe;

The petitioner challenges the order of Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati, dated 16/01/2020 by which the petitioner's caste claim belonging to 'Halbi' Scheduled Tribe was invalidated and the caste certificate issued by the Sub-Divisional Officer, Pusad, Dist. Yavatmal bearing R.C.No.5945/MRC-81/2011-2012/ Umerkhed, dated 04/06/2012 was cancelled and confiscated.

4. The petitioner is a student, who has completed B.E. Course from respondent No.2 - College and respondent No.3 - University, took admission on the basis of caste certificate on the seat reserved for Scheduled Tribe Category. The petitioner was admitted, on the basis of undertaking to submit caste validity certificate. The petitioner gave final year examination and is waiting for result. The petitioner apprehends that due to non-submission of validity certificate, the result and degree of the petitioner are likely to be withheld by the respondent No.2 - College and respondent No.3 - University.

The petitioner's caste claim was submitted to the respondent No.1 - Committee through Principal of respondent No.2 - College on 04/01/2014. The petitioner relied upon 14 documents in support of his claim. Vide order dated 20/08/2016, respondent No.1 cancelled the caste certificate dated 04/06/2012 of the petitioner holding that the caste certificate is not in proper format. The petitioner again approached the Sub-Divisional Officer, Pusad with a prayer to issue caste certificate in proper format. The request of the petitioner having been rejected by the Sub-Divisional Officer, the petitioner with five others filed Writ Petition No.5366/2018. This petition was allowed by order dated 07/03/2019, thereby quashing the impugned order of the Committee and with a direction to the Committee to verify the claims of the petitioners therein in accordance with law. After the remand, the Committee has again rejected the caste claim of the petitioner. The Committee did not find favour with the documentary evidence relied upon by the petitioner, it is held that the petitioner has failed in the Affinity Test and the Committee has further refused to rely upon the validity certificate issued in favour of the petitioner's father namely; Sanjay Rama Nandanwar.

5. The learned Advocate for the petitioner assailed the impugned order being perverse and unsustainable. He submits that the Committee had rejected the caste claim of the father of the petitioner, which was subject matter of challenge in Writ Petition No.5293/2013, the same is allowed by this Court by a well reasoned order dated 23/11/2017, thereby giving direction to the respondent No.1 - Committee to issue certificate of validity in favour of the father of the petitioner. In pursuance of the said decision, the certificate of validity was issued to the father of the petitioner. The Committee ought to have issued validity certificate in favour of the petitioner on that ground alone and the reasons assigned by the Comm