The sufficiency of documentary evidence and the application of legal precedents in determining caste claims.

JUDGMENT :

ABHAY J. MANTRI, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of both the parties.

2. The petitioner has raised a challenge to the order dated 12.7.2019, passed by respondent No. 1-District Caste Certificate Scrutiny Committee, Yavatmal (for short, the “Scrutiny Committee”) thereby invalidating her caste claim that she belongs to ‘Kshatriya’ - Other Backward Class (for short “OBC”).

3. The petitioner is a student pursuing the course of Civil Engineering at respondent No. 2 College. The petitioner claims that she belongs to the Kshatriya caste, which is recognized as OBC at Serial No. 126 under Government Resolution (for short “GR”) dated 25.6.2008 and Notification dated 26.9.2008. On 3.9.2015, the Sub-Divisional Officer, Yavatmal issued an OBC caste certificate in favour of the petitioner.

4. The Headmaster of Anglo Hindi High School and Junior College sent a proposal of the petitioner to respondent No. 1 Scrutiny Committee for verification of her caste claim as ‘Kshatriya’ OBC. Accordingly, the Committee called upon the petitioner to tender documents in support of her claim. In pursuance of the same, the petitioner produced eleven documents. In some of the documents, the Scrutiny Committee noticed that the caste of her relatives is shown as Sindhi, and therefore, the Scrutiny Committee was not satisfied with the same. The Scrutiny Committee has referred her caste claim to Vigilance Cell for detailed enquiry pursuant to the provisions of Sub-Rule (2) of Rule 12 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jati), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2001 and Rules 2003.

5. The Vigilance Cell conducted a detailed enquiry and submitted a report. In the said report, it is mentioned that it has inspected and verified the school record of Mr. Devaldas @ Devidas Kallumal the grandfather of the petitioner, and found that on 1.8.1950 Mr. Devaldas had been admitted to the school and his date of birth was mentioned as 01.04.1943. In the said record, his caste was mentioned as ‘Kshatriya’. Vigilance Cell has also observed that it has verified the sale deed dated 07.02.1967, wherein the petitioner’s grandfather and cousin's grandfather’s names were mentioned. Accordingly, the report was submitted to the Scrutiny Committee.

6. Pursuant to the Vigilance Cell report, the petitioner was served with show cause notice by the Scrutiny Committee calling upon her explanation about the documents produced on record. Accordingly, the petitioner appeared before the Committee on 29.8.2018 with her explanation.

7. The Scrutiny Committee considering the submissions made and evaluation of the documents placed on record, held that the petitioner failed to prove her caste claim that she belongs to ‘Kshatriya’ OBC and therefore has invalidated the claim of the petitioner. Hence, she has preferred this petition.

8. We have perused the impugned order. It seems that the Scrutiny Committee has invalidated the caste claim of the petitioner mainly on the following three grounds:

(i) The petitioner has failed to submit sufficient documentary proof to prove her claim that she belongs to the ‘Kshatriya’ OBC caste which is synonymous with “Patkar, Somvanshiya Sahastrajun Kshatriya” as mentioned in entry No. 126 of the order.

(ii) Government Resolution dated 1.4.1987 has recognized only five castes from the Sindhi community (Jagiyasi, Jajak, Khati, Kuchria, and Sudharia). Which does not include the caste “Kshatriya.”

(iii) The petitioner has failed to prove the affinity test regarding the cast ‘Kshatriya’ OBC.

Learned counsel for the petitioner Mr. H.R. Gadhiya has vehemently argued that the petitioner in support of her claim has produced a school record dated 1.4.1943 of her grandfather Mr. Devaldas and the sale deed dated 07.02.1967 on record. The school record i.e. Leaving Certificate denotes that the gr