The probative value of pre-independence documents and the relevance of the affinity test in determining caste claims.

JUDGMENT

1. Rule. Learned AGP waives service on behalf of the respondents no. 1 to 4. Learned advocates waive service on behalf of respondent no.7. Respondent nos. 5 and 6 are Educational Institutes stated to be under the control of respondents no. 3 and 4 and have been duly served. At the request and with consent of the counsel for the parties, rule made returnable forthwith.

2. By this petition, filed under Article 226 of the Constitution of India, petitioner is seeking to challenge the legality and validity of the common judgment and order dated 29th August 2018 passed by the respondent no. 2-Scrutiny Committee to issue certificate of validity of the petitioners as belonging to Thakur Scheduled Tribe.

3. When this matter was listed on 30th November 2021, Mr. Mendadkar, learned counsel for petitioners invited our attention to the admission notice dated 16th November 2021 for MBA/MMS for the academic year 2021-22 issued by the State Common Entrance Test Cell submitting that the scheduled date for the candidates including petitioners to submit the caste/tribe validity certificate was on or before 8th December 2021 upto 5.00 p.m. Since the said admission notice was issued by the State Common Entrance Test Cell, Maharashtra State, Mumbai, leave was sought and granted to petitioners to implead the State Common Entrance Cell as respondent no.7. Petitioners have carried out the said amendment and today learned counsel representing the State Common Entrance Cell is present before this Court and submits the veracity of the date of 8th December 2021 upto 5.00 p.m. as being the time limit by which the Tribe validity certificate is to be submitted by the candidate.

4. In view thereof, at the request of the counsel for the petitioners and with their consent, we are hearing this petition finally.

5. It is the case of petitioners that they belong to the Thakur Schedule Tribe. Petitioner no.1 was granted admission to the respondent no.5-college in the direct second year of engineering degree course during the academic year 2018-19 under the reserved category and petitioner no.2 was granted admission to the first year of MBA degree course in respondent no.6 college under the said category during the academic year 2017-18.

6. Mr. Mendadkar, learned counsel for petitioners takes us to the genealogical tree as set out on page no. 58 of the petition and submits that the petitioners came from the blood line from common ancestor Ragho Thakur, great- great- grandfather from whom came great grand father Shri Krishna Thakur and whose son was Shri Babu alias Baburao, who was born on 1st January 1911 (as seen from the school records at page 54) who is the great grand father of the petitioners. From Baburao came Narayan, who is grand father of petitioners born on 18th June 1932. From Narayan came Shri Deepak who born on 9th March 1970, who is petitioners father.

7. Mr. Mendadkar submits that the school admission records of Babu Krishna Thakur, Narayan, Deepak which are listed on pages 54 and 55 of the petition being part of the vigilance cell report dated 9th August 2018 clearly indicate that they belong to the Thakur Schedule Tribe. Learned counsel also refers to the observations on page 54 of the vigilance cell report with respect to Babu Krishna Thakur, who is the great grand father of petitioners, Narayan Babulal Chavan, who is the grand father of the petitioners, Mr. Jagannath Babulal Chavan as well as Hiralal Babulal Chavan, cousin grand fathers, Sakhubhai Baburao Chavan and Indubai Baburao Chavan grand mothers and submits that all these documents are pre-constitutional documents in favour of the paternal blood relatives as well as close relatives of the petitioners coming from common blood line and which have been duly verified clearly establish petitioners claim to the Thakur Schedule Tribe, which the scrutiny committee has completely ignored and not applied its mind.

8. Learned counsel submits that in view of law as settled of by the decision of the Ho