The court reaffirmed that established familial relations proven through recognized validity certificates must be honored, barring evidence of fraud.

JUDGMENT :

M.S. JAWALKAR, J.

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

(2) Since Writ Petition No. 3386/2022 is treated as main Petition, the facts and contentions stated in the said Petition are set out for adjudication of the issue involved in both the Petitions and they are being decided by this common judgment.

(3) By these Petitions, the Petitioner are challenging the impugned orders dated 16.12.2021 & 31.01.2023 passed by the Respondent No. 1 - District Caste Scrutiny Committee, Amravati (hereinafter referred to as “the Caste Scrutiny Committee”) thereby rejecting the tribe claim of the Petitioners. The Petitioner claims that he belongs to 'Chhapparband' tribe which is recognized as Vimukta Jatis (VJ) and enlisted at Serial No. 14 as per Government Resolutions dated 21.11.1961 and 20.03.1978.

(4) The Petitioner was appointed as Police Patil as per Section 5 of the Maharashtra Village Police Act, 1967 for the period from 13.11.2018 to 12.11.2023 in the category reserved for Vimukta Jatis. Thereafter, the Petitioner preferred an application in the prescribed Form-16 under Rule 14 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012 before the Respondent No. 1 – Caste Scrutiny Committee for verification of tribe certificate alongwith relevant documents on 17.01.2019. Along with the tribe certificate, the Petitioner in Writ Petition No. 3386/2022 has submitted the tribe validity certificate issued by the Respondent No. 1 – Caste Scrutiny Committee in favour of the Petitioner's cousin uncle - Rahmat Shah after conducting vigilance inquiry. In Writ Petition No. 4776/2024, the Petitioner has submitted the validity certificate issued in favour of real uncle - Salim Shah Noor Shah after due enquiry by the Vigilance Cell.

(5) The Petitioner received notice dated 10.02.2021 issued by the Respondent No.1 – Caste Scrutiny Committee along with Vigilance Cell report dated 17.12.2019. Because of the pandemic of Covid-19 and lockdown throughout the State of Maharashtra, the Petitioner could not appear before the Respondent No. 1 - Committee. The Petitioner then voluntarily appeared before the Respondent No. 1 – Caste Scrutiny Committee and submitted copies of representation and explanation dated 27.09.2021.

(6) Thereafter, the Respondent No.1 issued notice on 03.12.2021 thereby calling upon the Petitioner to remain present on 16.12.2021. The Petitioner was informed that, one Noor Shah Nazir Shah has made a complaint before the Respondent No. 1 – Caste Scrutiny Committee regarding the tribe claim of the Petitioner. Although the impugned order invalidating the tribe claim of the Petitioner was passed by the Respondent No. 1 - Committee on 16.12.2021, the same was received by the Petitioner on 10.06.2022.

(7) Learned Counsel for the Petitioners contends that the Respondent No. 1 – Caste Scrutiny Committee has committed an error in rejecting the claim of the Petitioner, though he has filed the documents prior to the deemed date. No opportunity of hearing was granted to the Petitioner and in a pre-determined manner, the Respondent No. 1 – Caste Scrutiny Committee has rejected the claim of the Petitioner. The Respondent No. 1 – Caste Scrutiny Committee has failed to consider that it is not necessary to submit all the documents in support of the claim if the tribe validity certificate is already issued in the blood relation from the paternal side. It is submitted that once the relation between the Petitioner and Rahmat Shah