IMPORTANT POINT
The presence of pre-constitutional documents is critical in validating caste claims, and assumptions based on circumstantial evidence, such as religious symbols, cannot override established documentation.

JUDGMENT/ORDER

PRITHVIRAJ K.CHAVAN, J. - Rule. Learned Assistant Government Pleader waives service. Rule is taken up for hearing forthwith by consent of learned counsel for the parties.

2. The petitioner - Ku. Parvi Ashish Chakravarti has sought to invoke writ jurisdiction of this Court through her father (legal guardian) impugning an order dtd. 22/9/2022 passed by respondent no.2 invalidating her caste as "Mahar". The petition is filed through the guardian since, the petitioner - Parvi is aged about 17 years.

3. Briefly stated, facts of the petition are summarised as follows:

The petitioner has passed 12th examination in the current session and had also cleared State Common Entrance Test. She belongs to 'Mahar' community, which is recognized as 'Scheduled Caste' under the Constitution (Scheduled Castes) Order, 1950.

4. A proposal was forwarded to respondent no.2 on 7/10/2021 for deciding the caste claim of the petitioner. Several documents were annexed along with proposal by the petitioner in order to substantiate her claim as regards her caste 'Mahar' which is a Scheduled Caste, as per the Constitution, more particularly, prior to the year 1950.

5. The Vigilance Cell conducted an inquiry as regards the customs and rituals of the petitioner and submitted its report to respondent no.2 on 29/7/2022. Subsequently, respondent no.2 issued a communication dtd. 16/9/2022, by which the petitioner was directed to remain present before it for hearing. The petitioner submitted her detailed reply to the show cause notice issued by the Vigilance Cell on 22/9/2022. The petitioner had taken exception to the report of the Vigilance Cell. Respondent no.2 thereafter, by the impugned order dtd. 22/9/2022 invalidated the caste claim of the petitioner as 'Mahar' which has been challenged by the petitioner, by way of present petition.

6. We have heard Mr. Mirza, learned counsel for the petitioner and Mr. Pathan, learned AGP for the respondents.

7. At the outset, learned counsel for the petitioner, has pressed into service a recent pronouncement of a judgment on identical facts delivered by a Division Bench of this Court in case of Priti d/o Ashok Chakranarayan Vs. State of Maharashtra and another, reported in 2023 (3) Mh.L.J. 312. We shall consider the ratio laid down by the Division Bench in case of Priti (supra) in the later part of the judgment.

8. The petitioner had submitted following documentary evidence before respondent no.2, in order to substantiate her claim:-

(i) Caste Certificate of the petitioner issued by Sub Divisional Officer Daryapur, bearing No.MRC - 40112130411 dtd. 3/7/2020.

(ii) The School Leaving Certificate of the petitioner issued by Headmaster, Golden Kids English High School, Amravati, dtd. 17/8/2020, wherein her caste is mentioned as 'Mahar'.

(iii) School Leaving Certificate of father of the petitioner Shri Ashish Gunvantrao Chakravarti, issued by Headmaster, Shri Gajanan Maharaj High School, Amravati, District -Amravati, indicating his caste as 'Mahar'.

(iv) School Leaving Certificate of grandfather of the petitioner - Shri Gunvanta Chandrabhan, issued by Headmaster, Zilla Parishad Primary Marathi School, Sukali, indicating his caste as 'Christain'. Date of admission was shown in the year 1952.

(v) Copy of Kotwal Book, issued by Tahsildar, Daryapur, District Amravati in the name of great grandfather namely Chandrabhan Fulya Mahar, wherein it has been mentioned that a male child born to Chandrabhan Fulya was Namdev. The said document indicates that Namdev s/o Chandrabhan Fulya was born on 2/10/1940. The birth extract indicates caste of Namdev as 'Mahar'.

(vi) Copy of the first page of service book in the name of cousin paternal grandfather of the petitioner Shamrao Chandrabhanji Chakravarti reveals that his caste is 'Hindu Mahar'. However, School Leaving Certificate of the real grandfather reveals his caste as 'Christian'.

9. The petitioner had also submitted following validity certificates of her blood relatives including her f