IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M. S. JAWALKAR, RAJ D. WAKODE
Sunil s/o Ruprao Raikwar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Per – Smt. M.S.Jawalkar, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.
3. The petitioner by this petition impugns order dated 15/09/2021, passed by the respondent No.2-Scheduled Tribe Caste Certificate Scrutiny Committee, invalidating the caste claim of the petitioner belonging to Halba Scheduled Tribe, listed as Entry No.19 in the Constitution (Scheduled Tribes) Order, 1950.
4. The petitioner was initially appointed by an order dated 07/04/1997 as Security Guard at the establishment of the respondent No.3, was confirmed for the same post on 13/05/1998, and has served for 24 continuous years.
5. It is further submitted by the petitioner that the caste claim of the petitioner was forwarded by the respondent No.3 employer, wherein the petitioner submitted various pre-constitutional documents since 1895 establishing that he is belonging to Halba/ Halbi Scheduled Tribe. The respondent No.2-Committee relied on three unrelated Koshti entries from the Police Vigilance Cell report and, despite the petitioner’s affidavit denying their relevance and clarifying his Halba status from the maternal side, invalida

The invalidation of a caste claim based on irrelevant documents violates principles concerning the consideration of pre-independence evidence in caste verification cases.
The court emphasized the importance of pre-constitutional documents in validating caste claims and condemned arbitrary administrative decisions lacking proper verification.
Caste claims must be evaluated with pre-constitutional documents holding greater evidential value, and reliance on affinity tests, which do not definitively establish caste ties, is insufficient for ....
The main legal point established in the judgment is the requirement for authorities to consider all relevant material and the probative value of pre-constitutional documents in determining the validi....
The burden of proof lies with the claimant to establish caste status, which was not met, leading to the rejection of the claim.
Oldest pre-Constitutional documents hold more probative value than subsequent entries; a claimant is entitled to a Validity Certificate unless proven otherwise.
Historical documentation is crucial for establishing caste claims; reliance on traditional identity and substantiating continuity with appropriate proofs is emphasized.
The burden of proof lies on the applicant to establish their caste, and pre-Independence documents carry a higher degree of probative value. Validity certificates issued without inquiry and subsequen....
The central legal point established in the judgment is the importance of genuine documents and validity certificates in establishing a caste claim, and the principle that once a caste claim has been ....
The probative value of the oldest document showing the caste as 'Halbi', the binding nature of previous judgments, and the inability of the Committee to express doubt on the genuineness of validity c....
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