Scrutiny Committees must prioritize documentary evidence including pre-constitutional records and blood relatives' validity certificates over non-conclusive affinity test when verifying tribe claims, absent fraud or misrepresentation.

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) invalidating Tribe Claim of the Petitioner and declare that Petitioner belongs to Thakur - Scheduled Tribe' by issuing appropriate writ, orders, or directions as the case may be;

(C) To direct the Respondents No. 3 & 4 not to take any coercive action against the Petitioner on the basis of impugned decision of the Committee dated 4.5.2019 invalidating his Tribe Claim (Exhibit-S) and allow him to work on the post of Sales Tax Inspector pending final adjudication of the present Writ Petition; by issuing appropriate writ, orders, or directions as the case may be;

(D) To grant stay to the impugned decision and order of the Committee dated 4.5.2019 invalidating Tribe Claim of the Petitioner (Exhibit-S) and direct the Respondents No. 3 & 4 not to take any coercive action against the Petitioner on the basis of impugned decision of the Committee invalidating his Tribe Claim and allow the Petitioner to work as Sales Tax Inspector pending hearing and final disposal of the present Writ Petition;

(E) To grant ad-interim relief in terms of prayer clause;

(F) To grant any other relief to which the Petitioner is entitled for;

3. Briefly, the facts are as follows:

i) The Sub-Divisional Officer (SDO), Malegaon, issued a Caste Certificate in favour of the Petitioner on the basis of documentary evidence submitted by him, certifying that he belongs to “Thakur” Scheduled Tribe (ST).

ii) On 10th November 2005, the Petitioner submitted his Tribe Claim for verification before Respondent No. 2, i.e., the Caste Scrutiny Committee, Nashik, through the college authorities. In support of his Tribe Claim, the Petitioner produced the following documents:

a) School record of the Petitioner’s grandfather, Supdu Vitthal Ahire, dated 1st August 1917, wherein his caste is recorded as “Thakur”. Copies of the school admission extract and the school leaving certificate of the Petitioner’s grandfather were submitted.

b) School leaving certificate of the Petitioner, wherein his caste