The importance of pre-independence documents in caste validity claims and the scrutiny committee's duty to properly appreciate evidence and documents.

JUDGMENT :

S.G. Mehare, J.

1. Rule. Learned AGP waives service of notice for respondents.

2. Rule made returnable forthwith. By consent of the parties, heard finally.

3. The petitioners are cousins. They belong to ‘Tokre Koli’ Scheduled Tribe and have impugned the order of rejecting their caste validity by the scrutiny committee/respondent No. 1 by its common order dated 4-3-2022.

4. While pursuing studies in junior college, the Principal of the college referred their proposal for verification to respondent No. 1. The petitioners have relied on the school records of their cousin grandfathers, namely Ziparu Parshuram Sonawane and Dhondu Babhatu Sonawne, who were admitted to the school on 14-8-1915 and 3-8-1918, mentioning their caste as Tokre Koli. Another old entry of school records relied upon by the petitioners was of their real grandfather, namely Rama Parshuram Sonawane, who was also admitted to the school on 1-12-1919 with the caste entry of Tokre Koli. The petitioners also relied upon the entry in the death register of their cousin grandfather, namely Ziparu, who died on 30-10-1970, mentioning his caste as Tokre Koli.

5. The vigilance cell conducted the inquiry on 16-10-2020 and 11-11-2020 and submitted its report to respondent No. 1 on 26-11-2020. The vigilance inquiry conducted by the inspector has confirmed the blood relations of petitioners Nos. 1 and 2 as cousins.

6. Earlier, respondent No. 1, by its order dated 29-11-2020, had rejected the caste claim of petitioner No. 1. She had challenged it by Writ Petition No. 8472 of 2020. The High Court set aside the said order by order dated 6-1-2022 and issued the direction to the parties to appear before the caste scrutiny committee. A detailed reply was filed before the caste scrutiny committee by the petitioners. Respondent No. 1 did not expedite the inquiry. Hence, she was to file one more Writ Petition bearing No. 2974 of 2022. By its order dated 2-3-2022, this Court directed the petitioner to remain present before the Committee on 3-3-2022. This Court also directed the Committee to decide the validation proceedings on or before 10-3-2022. Meanwhile, petitioner No. 1 has been provisionally admitted to BDS in respondent No. 2 college on 7-2-2022. Lastly, the Committee has passed the impugned order.

7. The learned counsel Shri M.S. Deshmukh for the petitioners has vehemently argued that the scrutiny committee has passed mechanical order without application of mind. The Committee has conveniently ignored the pre-independence documentary evidence. The Committee has assigned the incorrect reasons as regards the contra entry of different caste of the petitioners, their father and grandfather. The Committee has passed stereotyped order and wrongly made the case of Madhuri Patil applicable to the case at hand. The Committee has mixed two other caste or tried to interlink it in the caste of the petitioners, which are now fallen into Special Backward Class since 1995. The learned counsel for the petitioners relied on the case of Anand vs. Committee for Scrutiny and Verification of Tribe Claims, (2012) 1 SCC 113 and the case of Rajnandini D/o Ramesh Jadhav and another vs. State of Maharashtra and others, (Writ Petition No. 1069 of 2022) decided by the coordinate bench of this Court on 27-1-2022. He prayed to allow the petition.

8. Per contra, the learned AGP submitted that the reasons assigned by the Committee declining the petitioners’ claim are according to the settled law. The contra entries raise serious doubt about the scheduled tribe caste of the petitioners. The social status of the petitioners does not match/prove that the petitioner belongs to Tokre Koli Scheduled Tribe is also the correct observation of the Committee. He supported the impugned order.

9. Rule 12 of the Maharashtra Scheduled Tribe (Regulation and Issuance of Verification) Certificate Rules, 2003 (‘Rules 2003’ for short) prescribes the procedure to be followed by the scrutiny committee while verifying the scheduled