Scrutiny committee must issue validity certificate to petitioner if paternal blood relative holds one post-vigilance inquiry, despite failed affinity test or show cause notices to relative; liberty to reopen upon relative's invalidation.

JUDGMENT :

Advait M. Sethna, J.

1. Rule. The Rule is made returnable forthwith with the consent of the parties.

2. This petition is filed under Article 226 of the Constitution of India praying for the following substantive relief :-

“(a)This Hon’ble Court be pleased to issue Writ of Certiorari and/or any other Writ, Order or Direction in the nature of Certiorari thereby quashing and setting aside the impugned common judgment and order dated 8.11.2024 passed by the respondent no. 2 committee with further direction to issue certificate of validity in favour of the petitioner, in the light of caste validity certificate granted to her real brother in accordance with law by the respondent no. 2 committee itself.”

3. The petitioner is primarily aggrieved by, and has accordingly assailed, the order dated 8 November 2024 passed by Respondent No. 2 – the Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, Nashik (“Impugned Order” for short).

FACTUAL MATRIX:-

4. The Petitioner was granted a caste certificate by the competent authority on 2 July 1991 certifying her as belonging to Thakur – Scheduled Tribe. On the basis of the said certificate, the Petitioner came to be appointed as a Junior Clerk with Respondent No. 3 – Nashik Muncipal Corporation on 21 December 1999. She has since been discharging her duties and continues in service.

5. On 5 December 2011, Respondent No. 3 referred the Petitioner’s caste certificate for verification to Respondent No. 2 – Committee along with relevant documents, including the certificate of validity of her real brother. Thereafter, Respondent No. 2 - Committee invalidated the caste claim of the Petitioner by an order dated 5 July 2019, principally on the ground that she had failed to establish socio-cultural affinity with the Thakur Scheduled Tribe.

6. The Petitioner challenged the said order dated 5 July 2019 passed by the Respondent No. 2 – Committee, by filing Writ Petition No. 8036 of 2019 before this Court. By judgment dated 24 January 2024, this Court allowed the said Writ Petition in light of the decision of the Larger Bench of the Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra & Ors., Civil Appeal No. 2502 of 2022; decided on 24 March 2023., and remanded the matter back to the Respondent No. 2 – Committee for reconsideration of the Petitioner’s caste claim in accordance with the law laid down therein and after taking into account the entire material on record.

7. Pursuant to the remand, Respondent No. 2 - Committee once again referred the matter to its Vigilance Cell for further inquiry. However, by Impugned Order dated 8 November 2024, the Respondent No. 2 – Committee, again invalidated the claim of the Petitioner as stated to be belonging to the Thakur Scheduled Tribe. Thus, the Petitioner has filed the present Writ Petition before this Court challenging the Impugned Order.

RIVAL CONTENTIONS:

A) SUBMISSION ON BEHALF OF THE PETITIONER:

8. The primary contention advanced by Mr. Mendadkar, learned counsel appearing for the Petitioner, is that the Petitioner's biological brother, namely Harshal Punjaram Ahire, has been issued a caste validity certificate in the year 2001 recognizing him as belonging to the Thakur Scheduled Tribe. A copy of the said certificate is annexed to the Petition as Exhibit “D”. The issuance of the said certificate in favour of the Petitioner's brother is not in dispute.

9. Mr. Mendadkar has laid emphasis on t