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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.S.Jawalkar, Pravin S.Patil
Vedant S/o Dadarao Wankhade – Appellant
Versus
Vice-Chairman/Member-Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee – Respondent
JUDGMENT :
M. S. JAWALKAR, J.
1. Heard. Rule. Rule made returnable forthwith.
2. Matters are taken up for final hearing at the stage of admission by consent of the parties and on request of the parties.
3. As common issue is arising in both the Petitions, they are taken up to decide together. Writ Petition No. 1849/2022 is taken as leading case for consideration of facts and other material.
4. The Petitioner in Writ Petition No.1849/2022 is the son of Petitioner in Writ Petition No.2360/2022. The Petitioner herein challenging the order passed by Respondent No.1 – Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati dated 31.12.2021 in his Caste Validity claim case. The Petitioner claims that he belongs to “Thakur” Scheduled Tribe, which is enlisted at Sr.No.44 of the Scheduled Tribes Order 1950. Accordingly, Caste Certificate to that effect dated 20.11.2019 is issued to the Petitioner by the Competent Authority. The Petitioner forwarded the proposal to the Caste Scrutiny Committee with necessary documents on 16.12.2019. The Petitioner submitted the documents along with proposal, out of which, old documents i.e. prior to cut off date which are showing entry as “Thakur” are as
Caste validation must prioritize historical documentary evidence over outdated affinity tests, reaffirming established rights of recognized tribes.
The legal significance of pre-constitutional documents and the removal of area restrictions by the amending Act of 1976 in determining tribe claims.
The main legal point established in the judgment is the significance of pre-constitutional documents in establishing the genuineness of caste claims, the removal of area restrictions for Scheduled Tr....
The probative value of pre-independence documents, the importance of caste validity certificates, and the limitations of the affinity test influenced the court's decision.
The importance of pre-independence documents in establishing caste claims and the affirmation that the affinity test is not a sole criterion for rejecting a claim.
The old documentary evidence from the pre-independence era holds probative value and should be relied upon to establish tribe claim. The affinity test is not a sole criteria for establishing the link....
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