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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M.S.JAWALKAR, NANDESH S.DESHPANDE
Bharati D/o Ramdas Bharde – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. background of petition challenging st certificate invalidation (Para 1 , 2 , 3 , 4) |
| 2. vigilance inquiry and show cause process (Para 5 , 6 , 7 , 11) |
| 3. genealogy inconsistencies involving mahadev and laxman (Para 8 , 10 , 12 , 15 , 16) |
| 4. documentary evidence evaluation and precedents (Para 9 , 13 , 14 , 17 , 18) |
| 5. probative value of consistent post-constitutional caste documents (Para 19 , 20) |
| 6. quashing invalidation and restoring certificate (Para 21) |
JUDGMENT :
NANDESH S. DESHPANDE, J.
1. Heard. Rule. Rule made returnable forthwith. Heard finally by consent of parties.
2. The petitioner by this petition is challenging the impugned order dated 29.01.2019 passed by the respondent No.2 Scrutiny Committee invalidating the caste claim of the petitioner for ‘Mana’ Schedule Tribe and canceling the caste certificate dated 26.07.2007 issued by Sub-Divisional Officer, Hinganghat, Dist. Wardha, so also seeking to quash and set aside the order dated 02.02.2022 issued by the respondent No.3 - Maharashtra State Road Transport Corporation appointing the petitioner on supernumerary position.
3. It is submitted that the petitioner is a permanent resident of Khapari, Taluka Samudrapur
Post-constitutional documents showing consistent Scheduled Tribe caste cannot be discarded solely for lack of pre-constitutional evidence or date of birth variance; Scrutiny Committee must objectivel....
Scrutiny Committees must accurately interpret documents without multiplying entries or ignoring replies to vigilance reports; perverse invalidations based on fabricated contra indications quashed wit....
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 credibility of caste claims must adhere to historical documentation, with greater weight given to pre-Independence records, in lieu of modern records.
The burden of proof under Section 8 of the Act of 2000 requires the petitioner to disprove adverse historical entries to establish her Scheduled Tribe status.
Pre-constitutional documents cannot be discarded by scrutiny committees solely for dilapidated condition or phonetic spelling variations like 'Haalbi' for 'Halbi'; phonetic similarity and family tree....
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