The burden of proof for caste claims lies with the claimant, and valid lineage documentation must be considered in determining eligibility for caste certificates.

JUDGMENT :

ASHWIN D. BHOBE, J.

1. Rule. By consent of the respective counsels representing the parties, Rule is made returnable forthwith. Petition is taken up for final hearing.

2. Respondent No.2, by its Common Order dated 23.10.2024 has invalidated the claim of the Petitioners as belonging to ‘Koli Mahadev’ Scheduled Tribe Category (“Impugned Order”).

3. Factual Matrix:

(a) This is a composite petition, at the instance of the following Petitioners viz.:

(i) Kinjal Bastav- Daughter of Vilas Bastav;

(ii) Manav Bastav- Son of Mukesh Bastav; and

(iii) Aayush Bastav- Son of Prashant Bastav.

Petitioner No.1 is the first cousin sister of Petitioner Nos.2 and 3. Similarly, Petitioner Nos.2 and 3 are the first cousin brothers of Petitioner No.1.

(b) Tribe claim of Ms. Yaminee Pandurang Bastav, i.e. paternal real Aunt of the Petitioners as belonging to Mahadeo Koli was the subject matter of Writ Petition No. 1434 of 1994. By order dated 24.03.1994, this Court declared Yaminee Pandurang Bastav as belonging to Scheduled Tribe Mahadeo Koli.

(c) Tribe claim of Mr. Yatin Nilkanth Bastav, the paternal cousin uncle of the Petitioners, as belonging to Mahadev Koli was subject matter of Writ Petition No.8033 of 2004. By order dated 04.10.2013, this Court relying on the Caste Validity Certificate granted to Yaminee Pandurang Bastav, directed the Respondent No.2 to consider the tribe claim of Yatin Nilkanth Bastav. Respondent No.2 on consideration of the tribe claim of Yatin Nilkanth Bastav issued Caste Validity Certificate as belonging to Koli Mahadev.

(d) Tribe claim of Pramod Govind Bastav, i.e, paternal cousin grandfather of the Petitioners as belonging to Mahadev Koli was subject matter of Writ Petition No.2925 of 2013. By order dated 04.10.2013, this Court directed the Respondent No.2 to consider the tribe claim of Pramod Govind Bastav. Respondent No.2 on consideration of the tribe claim of Pramod Govind Bastav, issued Caste Validity Certificate as belonging to Mahadev Koli.

(e) Special Leave Petition (Diary) No.21767 of 2017 filed against the order dated 04.10.2013 passed in Writ Petition No.8033 of 2004 and Writ Petition No.2925 of 2013 was dismissed by the Hon’ble Supreme Court on 18.09.2017.

(f) Tribe claims of the father of Petitioner No.1 and father of Petitioner No.2 upon being invalidated by the Respondent No.2, was questioned before this Court in Writ Petition No.3134 of 2009.

This Court relying on the Caste Validity Certificate issued to Yaminee Bastav, Yatin Bastav and Pramod Bastav, the close blood relations from paternal side, directed the Respondent No.2 to issue Caste Validity Certificate to Vilas Pandurang Bastav and Mukesh Pandurang Bastav as belonging to Koli Mahadev Schedule Tribe. Respondent No.2 accordingly issued Certificate of Validity to Vilas and Mukesh as belonging to Koli Mahadev.

(g) Petitioners have been issued Scheduled Tribe Certificate in Form C by the Sub Divisional Office, Eastern Suburbs, Mumbai Suburban District.

(h) In the month of April 2024, Petitioners applied to the Respondent No.2 in the prescribed manner for verification of their Tribe Certificate as belonging to Koli Mahadev Scheduled Tribe. Affidavit in Form “F” containing the complete Genealogy Tree was appended to the application.

(i) Application Form of Petitioner No.3 was accepted by the Respondent No.2 pursuant to the direction issued by this Court vide order dated 12.11.2024 passed in Writ Petition No.9464 of 2024.

(j) Enquiry Report dated 12.11.2024 of the Vigilance Cell was furnished to the Petitioner Nos.1 and 2. Petitioners filed their reply to the Enquiry Report dated 12.11.2024.

(k) Petitioner No.1 had filed Writ Petition No.14956 of 2