The main legal point established is that once a validity certificate is issued in favor of a blood relative, no further inquiry is required unless there is evidence of fraud, as per settled law.

JUDGMENT :

ABHAY AHUJA, J.

1. Heard. Rule. Rule made returnable forthwith. With the consent of the learned Counsel appearing for the parties, the petition is heard finally.

2. By this petition under Article 226 of the Constitution of India, Petitioner is challenging the decision dated 11-4-2018 of the Respondent No. 2-Scheduled Tribe Certificate Scrutiny Committee, Aurangabad invalidating the tribe claim of the petitioner belonging to “Thakur-Scheduled Tribe” community.

3. Petitioner is a resident of Jakhmathawadi, Taluka Gangapur, District Aurangabad and has been issued caste certificate dated 3-8-2006 by the Sub-Divisional Officer, Vaijapur. Petitioner’s tribe claim was forwarded to the Respondent-Committee for verification on 21-2-2011 through the Principal, Shishu Vikas Teachers’ Training College, Aurangabad while he was studying in the said college. Thereafter, petitioner was appointed as Electrical Assistant on 3-6-2013 with the Maharashtra State Electricity Distribution Company Limited for a period of three years against the post reserved for scheduled tribe category on the condition to submit caste validity certificate during the contract period. Thereafter, by an order dated 27-6-2016 the services of the petitioner have been continued and he has been absorbed on the post of Technician w.e.f. 4-6-2016, immediately after the completion of three years’ contract period.

4. It is submitted that though the petitioner’s services were confirmed as Technician, however, since his appointment was from reserved category, he was issued a show-cause notice dated 30-9-2016 to submit caste validity certificate, failing which his services would be terminated. Against the said show-cause notice, the petitioner had filed writ petition, pursuant to which respondent No. 2 Committee was directed to decide the tribe claim of the petitioner within a period of one year and the petitioner was protected against coercive action by the employer till then.

5. Petitioner submits that he is part of the family of Laxman Pawar, who is his great grand-father and has submitted genealogy of family which is reproduced as under:

6. It is submitted that the petitioner’s father was illiterate. However, his real brother Dnyaneshwar has been issued a caste validity certificate on 10-2-2011 after following due procedure including conduct of vigilance inquiry and personal hearing which is not disputed by the respondents. It is submitted that the vigilance report of Dnyaneshwar as well as letter dated 15-9-2010 submitted by the Vigilance Officer in respect of the record of 1955 along with re-enquiry which was conducted, the Research Officer and Deputy Superintendent of Police have given remarks that they are fully in agreement with the observations made by the Vigilance Officer which according to the petitioner ought to have been considered by the Committee while deciding the petitioner’s tribe claim. He, therefore, submits that in view of the decision of this Court in the case of Apoorva Vinay Nichale vs. Divisional Caste Certificate Scrutiny Committee and Others, 2010 (6) Mh.L.J. 401, firstly if the caste claim of a blood relative, such as father, son, daughter, brother and sister has been scrutinized and accepted, the caste claim of the petitioner should be allowed without insisting on any other proof and secondly if the relationship by blood is established or not doubted and one such relative has been confirmed as belonging to a particular caste, then there is no reason why public time or money should be spent in the Committee testing the same