The burden of proof for claiming Scheduled Tribe status lies with the claimant, and valid certificates of relatives can substantiate such claims.

JUDGMENT :

(ASHWIN D. BHOBE J.)

1. Heard.

2. The Respondent No. 2 by its decision dated 22.08.2022, has invalidated the claim of the Petitioner of belonging to the “Thakar” Scheduled Tribe Category (“impugned order”).

3. Factual Matrix :-

(a) On 29.10.2021, the Petitioner was granted Caste Certificate in Form ‘C’, by the Sub-Divisional Officer (Revenue), Mhada.

(b) Petitioner secured employment as a Machinist in the Government College of Engineering and Research. Petitioner was issued Appointment order on 11.06.2012.

(c) The Respondent No. 5, by its letter dated 13.09.2012, referred the Tribe claim of the Petitioner to the Respondent No.2 Scrutiny Committee.

(d) The Respondent No. 2, after a lapse of more than 10 years, by the impugned order, invalidated the Tribe claim of the Petitioner. Grounds on which the Respondent No. 2 has invalidated the Tribe claim of the Petitioner are as follows :

(i) Documents and the other material produced on record, do not establish the claim of the Petitioner as belonging to the “Thakar” Scheduled Tribe category.

(ii) Petitioner has failed to prove his affinity with “Thakar” Scheduled Tribe Category.

(iii) Petitioner has failed to establish his ethnic linkage by way of affinity test with “Thakar” Scheduled Tribe.

(iv) Validity Certificates relied by the Petitioner from his paternal side relatives cannot be considered.

4. Mr. Anandsingh Bayas, learned Advocate for the Petitioner submits that documents from the paternal side relatives of the Petitioner showing his Caste as ‘Thakar’ Scheduled Tribe, were placed before Respondent No.2. He further submits that Caste Validity Certificates of Jagruti Nandkumar Sarjerao (cousin sister) and Tanaji Dattatraya Sarjerao (cousin cousin cousin uncle), who are the paternal side blood relatives of the Petitioner were relied before Respondent No.2. According to Mr. Bayas, Respondent No. 2 has ignored the material placed before it and therefore, erred in invalidating the claim of the Petitioner. Mr. Bayas relies on the following decisions.

a) Bharat vs. State of Maharashtra and Ors.[2004(1) Mh.L.J. 647; and

b) Tanaji Dattatray Sarjerao vs. The State of Maharashtra And Ors.[WP No. 12369 of 2019 dt.14.12.2024].

5. Ms. Pooja Joshi Deshpande, learned AGP, has defended the impugned order of Respondent No. 2 by relying upon the reasons set out therein and it is her contention that the petition deserves to be dismissed.

6. With the assistance of the parties, we have perused the record. From the rival contentions of the parties, the question for determination is whether the Petitioner on the basis of documentary evidence/material has been able to establish that he belongs to ‘Thakar’

Scheduled Tribe ?

Analysis :

7. Genealogy tree, relied by the Petitioner is transcribed herein in verbatim :

8. Jagruti Nandkumar Sarjerao (“Jagruti”), cousin sister of the Petitioner, has been issued Caste Validity Certificate by the Respondent No.2 Scrutiny Committee. Show Cause Notice, was issues to Jagruti, by Respondent No. 2, calling upon her to show cause as to why her Caste Validity Certificate should not be recalled. Jagruti questioned the said show cause notice in Writ Petition No. 8513 of 2022. This Court, vide order dated 01.11.2023, allowed the said WP No. 8513 of 2022. Thus, the Caste Validity of Jagruti being “Thakar” Scheduled Tribe is intact.

9. Tanaji Dattatray Sarjerao (Tanaji), though not referred to in the genealogy tree relied by the Petitioner, however reference to Tanaji is found in paragraph 41 of the memo of petition, being referred to as the cousin cousin cousin uncle of the Petitioner. Respondent No.2 in the impugned order has made a reference to the Caste Validity case of Tanaji.

Caste Validity of Tanaji came for consideration before this Court in Writ Petition No. 12369 of 2019. This Court by its order dated 14.12.2024, by placing reliance on the decision in the case of Jagruti, has allowed the Writ Petition No. 12369 of 2019, granting “Thakar” Scheduled Tribe Certificate to Tanaji.

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