Caste claim to Scheduled Caste ‘Mang’ cannot be invalidated by mere ‘Christian’ document entry or witness statements without proof of baptism or actual conversion; pre-constitutional records prevail, committee's order perverse if mechanically rejecting evidence.

JUDGMENT :

M. S. JAWALKAR, J.

1. Heard. Rule. Rule is made returnable forthwith. Matter is taken up for final hearing at the stage of admission by consent and request of the parties.

2. The Petitioner by this petition is challenging the order dated 27/09/2023, passed by the Respondent No. 2 District Caste Certificate Verification Committee, Akola thereby invalidating the caste claim of the Petitioner to the ‘Mang’ which is recognized as Scheduled Caste, without considering the documentary evidence produced by him in support of his claim.

3. It is contended by the Petitioner that he belongs to “Mang” which is recognized as Scheduled Caste in the State of Maharashtra and at Serial No.46 in the List of Scheduled Caste for the State. The Petitioner has submitted a proposal for validation of caste claim through the Principal of Rajashri Shahu College, Paradhi, Tq. Bhokardhan, District Jalna, along with document i.e. School Leaving Certificate issued by Headmaster of Akola Municipal Corporation Primary School No.4, Akola to great grandfather of the Petitioner namely ‘Ganpat Bhika’ dated 10/08/1932. The Petitioner has also placed on record School Leaving Certificate issued by Headmaster of Akola Municipal Corporation Primary School No.4, Akola pertaining to ‘Chattarsingh Bhikaji’ dated 16/07/1934. The matter was referred for enquiry to the Vigilance Cell.

4. Pursuant to Report of the Vigilance Cell, the Respondent No. 2 Scrutiny Committee issued a notice to the Petitioner and explanation was called on two grounds i.e. Entry of Caste is recorded as ‘Christian’ in the School Leaving Certificate of the grandfather of the Petitioner and secondly as per the witness No.1 in the Vigilance Enquiry Report, he did not know as to which religion the Petitioner professed and witness No.2 informed that the Petitioner professed ‘Christianity’. The Petitioner gave his reply to the said notice and also placed on record Certificate pertaining to his grandfather issued by Pastor of Alliance Church, Akola dated 06/03/2009, wherein the Pastor has certified that the Petitioner is ‘Matang’ by caste.

5. In spite of this explanation, the Caste claim of the Petitioner came to be rejected holding that :

(i) his grandfather and father appeared to have accepted Christianity;

(ii) the petitioner unable to establish his relationship with other family members;

(iii) although the petitioner had produced documentary proof relatable to caste ‘Mang’ prior to appointed date, those were not relevant since his father and grandfather accepted Christianity;

(iv) since name of maternal uncle of petitioner is Vipul Daniel Agamane and name of sister of Great Grandfather being Pramils Colvin Sathe, it appeared that the petitioner’s family is professing Christianity even today;

(v) the witness No.1 examined by petitioner in support of his caste claim tried to mislead the Committee by changing his version and

(vi) having accepted Christianity, the petitioner cannot be granted Caste Validity for the Caste ‘Mang’ since he would fall in the category of Converted Christian as per Entry 196 under the category of Other Backward Classes.

6. The learned Counsel for the Petitioner relied on the following citations :

(i) Tejashree Mangilal Dambale vs. Scheduled Tribe Certificate Scrutiny Committee & Ors., 2023(5) Bom.C.R. 582;

(ii) Bhanudas Hona Gajbhiv vs. State of Maharashtra & Ors., 2017 DGLS(Bom.) 616;

(iii) Parvi Ashish Chakravarti vs. State of Maharashtra & Anr., 2024(1) M