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2022 Supreme(Bom) 347

A. S. CHANDURKAR, ANUJA PRABHUDESSAI
Rushikesh Madhukar Chavan – Appellant
Versus
Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.S. Parsodkar.
For the Respondent: Ms. N.P. Mehta.

JUDGMENT :

ANUJA PRABHUDESSAI, J.

1. Heard. Rule. Rule made returnable forthwith, heard finally with the consent of learned counsel for the respective parties.

2. The Petitioners have challenged orders dated 30.12.2020 and 18.11.2020 passed by the Respondent-Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati, invalidating the caste certificate that they belong to Thakur-Scheduled Tribe, which is an entry at Serial No. 44 in the Constitution (Scheduled Tribe) Order, 1950.

3. The Petitioners were issued caste certificates of Thakur-scheduled tribe by the Sub-Divisional Officer, Washim. The caste claim of the Petitioners was referred to the Scrutiny Committee. The Petitioners relied upon several pre-constitutional documents as well as the decisions of this Court validating the caste claim of the close family members. The Scrutiny Committee discarded the documents by observing that apart from the Thakur-Scheduled Tribes, there are ‘Thakur’ in other communities and hence, it was necessary for the Petitioners to establish socio-cultural affinity test. It is held that the Petitioner have failed to establish ethnic and racial linkage by way of the social cultural affinity test wit

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