Historical documentation is crucial for establishing caste claims; reliance on traditional identity and substantiating continuity with appropriate proofs is emphasized.

JUDGMENT :

M.S. JAWALKAR, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned Counsel for the respective parties.

2. Writ Petition No. 7256/2024 is filed by Sauravkumar Sunilkumar Katole whilst Writ Petition No. 7257/2024 is filed by Sunilkumar Madhukar Katole. Petitioners in both the petitions are son and father respectively. Since Writ Petition No. 7256/2024 is taken as lead Petition, the facts and contentions of the said Writ Petition are referred herein below for deciding the issue involved in both the Writ Petitions. Moreover, documents relied on are also same.

3. Being aggrieved by the order dated 31.10.2023 passed by the Respondent- Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal (hereinafter to be referred as the said 'Committee') invalidated the caste claim of the petitioner for ‘Halbi’ Scheduled Tribe Category and ultimately cancelling and confiscating the Caste Certificate dated 18.09.2019 issued by the office of Sub Divisional Officer, Umarkhed.

4. The petitioners are son and father. The petitioner belongs to ‘Halbi’ Scheduled Tribe, which is recognized as Scheduled Tribe in the State of Maharashtra and is included at Sr. No. 19 of the Constitutional Scheduled Tribe Order, 1950. On 18.09.2019, the petitioner had obtained a caste certificate of ‘Halbi’ which is recognised as a Scheduled Tribe from competent authority the Sub-Divisional Officer, Umarkhed.

5. The petitioner is a student and has completed his 12^th Standard from, Sant Tukaram National Model School, Latur. As the admission of petitioner was in Scheduled Tribe Category, the claim for verification was forwarded to respondent Committee through the Principal, Sant Tukaram National Model School, Latur, vide letter dated 06.12.2021. The petitioner also filled an online application form for verification on 30.12.2021 and along with the said form, the petitioner also submitted all the relevant documents in support of his claim.

6. On 22.08.2023, the respondent Committee sent a copy of show cause notice to the petitioner along with a copy of Police Vigilance Report of the petitioner to give his reply on the said notice and to appear before the committee on 24.08.2023. The petitioner appeared before the Committee on 11.09.2023 for hearing and also gave his reply on the Vigilance Report. The petitioner has given his explanation on the documents, which were exhibited with the report. The petitioner has specifically denied the documents of "KOSHTI" as they are not from the family.

7. On 12.09.2023, again the respondent Committee sent a show cause notice to the petitioner and asked to remain present for hearing on 21.09.2023. The petitioner accordingly, appeared before the Committee on 21.09.2023 and again submitted his detailed reply.

8. The petitioner's father - Sunilkumar Madhukar Katole & his uncle Dhananjay Madhukar Katole has obtained SBC Caste Certificate and validity certificate. The petitioner has already given his explanation towards these findings that, petitioner's father has already surrendered SBC Caste Certificate by way of an affidavit dated 25.06.2021 and petitioner's uncle has obtained the SBC Validity Certificate in pursuance of the Government Resolution dated 15.06.1995 at the relevant time.

9. The petitioner’s uncle's caste claim was invalid