The main legal point established in the judgment is the requirement for authorities to consider all relevant material and the probative value of pre-constitutional documents in determining the validity of caste certificates.

JUDGMENT

SURENDRA P.TAVADE, J. - Rule taken up for hearing with consent of both the parties.

2. By this Petition under Section 226 of the Constitution of India, the Petitioner seeks the following reliefs as under:

"(a) This Hon'ble Court be pleased to issue Writ of Certiorari and or any other Writ, Order of Direction in the nature of Certiorari thereby quashing and setting aside the impugned Judgment and Order dated 15-2-2017 passed by the Respondent No. 2 Committee with further direction to Respondent No. 2 Committee to issue certificate of validity in respect of cast certificate dated 30-12-1991 issued by the Respondent No. 3.

(b) That this Hon'ble Court be pleased to hold and declare that the cast certificate dated 30-12-1991 issued by the Respondent No. 3 as belonging to Halba, Scheduled Tribe is valid, legal and subsisting."

3. The facts of the petition can be summarized as under : The Petitioner was granted caste certificate on 30th December, 1991 as belonging to "Halba" Scheduled Tribe. The Petitioner moved to the Respondent No. 2 - Committee seeking verification of his Tribe Certificate for the service purpose along with his application. He submitted pre-constitutional documents of his paternal relatives in relation to belonging to "Halba", Scheduled Tribe granted in favour of his parental relatives. The Petitioner has placed on record basic documentary evidence which are fundamental in nature in relation to his parental relatives as under:

1) Laxman Mithaji Kedare

2) Ramadas Mithaji Kedare

3) Arvind Baliram Kedare All of them are shown as belonging to "Halbi" Caste. The Petitioner has also produced on record School Leaving Certificates of Prabhakar Kedare and Pralhad Sitaram Kedare, wherein, their caste is shown as "Halbi". The Petitioner has also produced on record Sale Deed dated 13 th December, 1947 in relation to Prabhakar Baliram Kedare showing his caste as "Halbi". All these persons are relatives of the Petitioner by blood from paternal side. The Petitioner also placed on record Caste Validity Certificate issued to Pandurang Kedare by the competent authority. It is contended that the Respondent No. 2 in spite of overwhelming documentary evidence, has caused inquiry through its vigilance cell, the said report is also in favour of the Petitioner.

4. It is contended that the inquiry report was forwarded to the Petitioner by the Respondent No. 2 - Committee on 28th January, 2012 and he was asked to fle reply. Accordingly, the Petitioner has fled reply along with the documentary evidence of pre-constitution period. It is contended that the Respondent No. 2 - Committee decided the case of the Petitioner and invalidated the caste certificate of the Petitioner by its impugned order dated 24th February, 2012 mainly contending that the Petitioner has to produce Caste Certificate from his original State of residence as on 6th September, 1950.

5. Being aggrieved by the said order, the Petitioner fled Writ Petition No. 1729 of 2013 before this Court. On hearing both the sides, this Court was pleased to set aside the impugned order dated 24th February, 2012 passed by the Respondent No. 2 - Committee and remanded the matter to the Respondent No. 2 - Committee to decide the caste claim afresh. Thereafter, the Petitioner appeared before the Respondent No. 2 - Committee but the Committee did not decide the caste claim of the Petitioner in spite of direction given by this Court. Hence, he fled Contempt Petition No. 227 of 2015 in this Court. The said Contempt Petition was disposed of on 10th June, 2015 with direction to decide the caste claim of the Petitioner within two months on its own merits.

6. In spite of the aforesaid direction given by this Court, the Committee did not decide the claim of the Petitioner. Hence, the Petitioner again fled Contempt Petition No. 445 of 2016 before this Court and show cause notice was issued to the members of the Respondent No. 2 - Committee. Before the appearance of Respondent No. 2 in the Cont