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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. KARNIK, S.M. MODAK
Surekha Dinkar Thakar @ Sharada Subhash Shivankar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.S. KARNIK, J.
1. Heard learned counsel for the Petitioner and learned AGP.
2. The caste claim of the Petitioner-Surekha Dinkar Thakar alias Sharada Subhash Shivankar has been invalidated by the Scrutiny Committee as belonging to ‘Thakar, Scheduled Tribe’. Learned AGP invited our attention to the impugned order. It is submitted by learned AGP that the documents produced on record, especially that of the Petitioner’s grandfather and father indicate that they never projected their caste as ‘Thakar, Scheduled Tribe’. Our attention is invited to the various entries recorded.
3. In our opinion, significant in the present context is the caste validity certificate granted to the first cousin from the paternal side of the Petitioner-Mr. Pramod Sadashiv Thakar. The Scrutiny Committee has in the impugned order referred to the affidavit sworn by Mr. Pramod Sadashiv Thakar dated 12/07/2005 wherein it has been stated that the Petitioner is the first cousin from the paternal side of Mr. Pramod Sadashiv Thakar. There is no dispute in the fact that the Petitioner is a close blood relative of Mr. Pramod Sadashiv Thakar. Our attention is then invited to the findings of the Scrutiny Committee
Caste validity certificates for blood relatives must yield consistent outcomes when granted following due process, emphasizing the necessity of coherent assessments in caste claims.
Point of Law : Once there is evidence of relatives having valid caste validity certificates of Thakur Scheduled Tribe, the Scrutiny Committee is bound to grant certificate to Petitioner’s claim and c....
Court emphasized the Scrutiny Committee's duty to consider familial validity certificates in verifying Scheduled Tribe claims.
The legal principle established is that a person reared in an atmosphere and with customs, traditions, and practices prevailing in a household inhabited by a particular caste is entitled to stake a c....
The court emphasized the need for concrete evidence and vigilance inquiry before rejecting a caste claim based on a blood relative's validity certificate.
The importance of older documents in establishing caste claim and the need to consider the broad perspective of caste claim genuineness.
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