Point of Law : Once there is evidence of relatives having valid caste validity certificates of Thakur Scheduled Tribe, the Scrutiny Committee is bound to grant certificate to Petitioner’s claim and could not have denied the same to Petitioner.

JUDGMENT :

ABHAY AHUJA, J.

1. Rule. Rule made returnable forthwith. Ms. Solunke, the learned AGP for Respondents No.1 to 3-State waives service.

2. By consent of counsel for the parties, Writ Petition is heard finally.

3. By this Writ Petition filed under Article 226 of the Constitution of India, Petitioner is challenging the order dated 10th August, 2018 passed by Respondent No.2-Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, invalidating the caste claim of Petitioner, as belonging to Thakur, Scheduled Tribe.

4. Mr. Mendadkar, the learned counsel for Petitioner submits that Petitioner has submitted various documents including 17 caste validity certificates of Kum. Mrudula Prakash Bhamare, Shri Ashish Prakash Bhamare, Kum Kamini Kantilal Bhamare, Shri Rohan Arvind Bhamare, Shri Harshal Kumar Arvind Bhamare, Shri Shashank Prakash Bhamare, Prakash Hiralal Bhamare, ([petitioner’s maternal uncle; certificate issued pursuant to order dated 27th July 2017 in Writ Petition No. 6972 of 2014 by the Aurangabad Bench of this court (page 56, Exhibit B)), Suvarnalata Gulab Thakur, Bharat Gulabsingh Thakur, Nita Divan Bhamare, Virendra Gulabsingh Thakur, Amol Gulabsingh Thakur, pre-constitutional documents in relation to blood relatives from paternal side as well as school leaving certificates, caste certificates and other documents belonging to Thakur Scheduled Tribe as Exhibit B (Colly.) to the petition. Admittedly, these documents are also referred to on page 20 of the petition as portion of the impugned order. Also the genealogical tree showing common ancestor as “Gobaji” is said to have been submitted. He submits that despite such stark and clinching evidence of caste validity certificates in favour of relatives and pertinently the caste validity certificate dated 29th January, 2001 of Petitioner’s real uncle Yogendrasinh Madhukar Thakur, which is at Page 54 of the Petition as well in support of petitioner’s claim to Thakur, Scheduled Tribe, Respondent No.2 has invalidated the claim of Petitioner on the ground of failure of affinity test, vigilance cell’s report suggesting petitioner’s mother’s grandfather and petitioner’s mother’s blood relative as belonging to “Bhat” caste, purportedly known to be non-tribal.

5. On the other hand, Ms. Solunke, the learned AGP for the State vehemently opposes the claims made on behalf of Petitioner and relies upon the affidavit in reply dated 1st October, 2021 filed on behalf of the Respondents.

6. Referring to the affidavit in reply, learned AGP submits that apart from the Scheduled Tribe category in Entry 44 of the Constitution (Scheduled Tribes) Order, 1950 showing the entry of Thakurs, there are Thakurs in Maharashtra, who are in the non-tribal category. In support of this contention, she further submitted that the oldest document in the family of Petitioner is the School Admission Register Extract of Hiralal Namdev Thakur (paternal cousin cousin grandfather of Petitioner) issued by MNC School No.2, Dhule, which is dated 4th March, 1929, wherein the caste is recorded as “Rajput Thakur” and that this record as observed in the impugned order was suppressed by Petitioner and all the validity holders of applicant’s family. She further submits that the statement recorded by the Vigilance Cell also indicates that the marriages in the family of Petitioner are solemnised within their own caste and that Petitioner’s relatives by marriage, namely, Bhatu Bapu Thakur (petitioner’s mother’s grandfather) and Arjun Jugaru Thakur (petitioner’s mother’s blood relative) of the years 1908 and 1910 respectively shows their caste as “Bhat” and that this reflects the affinity of petitioner’s family with the Bhat-caste people, who are not tribal. The learned AGP submits that this is simply an attempt by non-tribal communities to get constitutional benefits meant for Scheduled Tribes. She also refers to the Government Circulars dated 9th October, 1954 and 31st July, 1957 to submit that Bhats, Bramhabhat and Thakurs