Caste validation must prioritize historical documentary evidence over outdated affinity tests, reaffirming established rights of recognized tribes.

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 follows :

(1) Extract of birth of daughter born to Petitioner’s great great grandfather namely Sampat (1912),

(2) Extract of birth of son born to Petitioner’s great great grandfather namely Sampat (1915).

(3) Extract of birth of son born to Petitioner’s great great grandfather namely Sampat (1919),

(4) Extract of birth of daughter born to Petitioner’s great grandfather namely Suplya Sampat (1932),

(5) Extract of birth of daughter born to Petitioner’s great grandfather namely Supda Sampat (1938),

(6) Extract of birth of son born to Petitioner’s cousin great great grandfather namely Bankat Wankar (1925),

(7) Extract of death of Petitioner’s cousin great great grandfather namely Bankat Omkar (1936),

(8) Extract of death of Petitioner’s great great grandfather namely Pundlik Sampat (1948),

(9) School leaving certificate of Petitioner’s great great grandfather namely Tukaram Bankat (birth mentioned as 21.5.1916) (1916/1927) dt. 6.4.2021,

(10) School leaving certificate of Petitioner’s cousin grandfather namely Manohar Shankar (birth mentioned as 5.7.1942) (1955/1956) dt. 30.11.2021 and

(11) Extract of Dakhal Kharij Register of Petitioner’s cousin grandfather namely Manohar Shankar (1942/1955/1956).

5. It is specifically submitted that the great grandfather namely Pundlik Sampat Thakur went in adoption and to that effect Adoption-deed was prepared in the year 1939. After adoption, name of great grandfather of the Petitioner namely Pundlik changed as Shankar. The copy of Adoption-deed was placed on record. The Police Vigilance Cell of the Scrutiny Committee conducted inquiry in relation to caste claim of the Petitioner and accordingly submitted its Report on 12.11.2021. The Vigilance Cell procured the same documents which are produced by the Petitioner during inquiry. Thus authenticity of the same stands proved. However, caste claim of the Petitioner invalidated vide order dated 31.12.2021 on the grounds of documentary evidence, affinity and area restriction. It is submitted by the learned Counsel for the Petitioner that the pre- constitutional documents submitted by the Petitioner and procured by the Vigilance Officer are entirely of “Thakur”, which clearly reveals that the same is consistent with the Presidential Order of 1950. Being the documents prior to 1950, they bear