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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Avinash, s/o. Bharat Ahire – Appellant
Versus
State Of Maharashtra Department of Tribal Development – Respondent
Judgment :
Aarti Sathe, J.
1. These two Petitions are filed under Article 226 of the Constitution of India challenging the decision dated 4th May 2019 (hereinafter referred to as the “impugned order”) of the Caste Scrutiny Committee, rendered in respect of the Petitioner and his brother, Tushar Bharat Ahire. Since both Petitions arise out of the common impugned order and involve identical issues, they are being disposed of by this common judgment.
2. By the impugned order passed by the Scrutiny Committee, the Tribe claims of the Petitioners as belonging to “Thakur – Scheduled Tribe” have been invalidated by the Caste Scrutiny Committee. This is stated to be affecting the appointment of Petitioner Avinash Bharat Ahire as Sales Tax Inspector which was taken on a reserved post on the basis of the said Tribe claim. The prayers made in both the Petitions are also common. For convenience, the reliefs as prayed for in the first Writ Petition No. 6498 of 2019, (Avinash S/o. Bharat Ahire Vs. The State of Maharashtra & Ors.) are reproduced hereinbelow:
(A) To grant rule and allow this petition;
(B) To quash and set aside the impugned decision and order of the Committee dated 4.5.2019 (Exhibit-S)
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....
The main legal point established in the judgment is the significance of pre-constitutional documents in establishing the genuineness of caste claims, the removal of area restrictions for Scheduled Tr....
The main legal point established in the judgment is the acceptance of tribe claims based on blood relations, the relevance of pre-Independence documents, the removal of area restrictions, and the cau....
The court emphasized that pre-Constitutional documents are of higher probative value for determining tribe claims, and invalidation by the committee on the basis of affinity test was not legally soun....
The Scrutiny Committee cannot invalidate tribe validity certificates of blood relatives without evidence of fraud or jurisdictional issues; valid certificates must be accepted to ensure consistency a....
The court emphasized the importance of pre-constitutional documents in validating caste claims and condemned arbitrary administrative decisions lacking proper verification.
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