Vidya Amin

1

925.wp. 7017-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7017 OF 2022

Gulam Husain Ashraf Khan

..Petitioner

Vs.

The State of Maharashtra & Anr.

..Respondents

Mr. R. K. Mendadkar for the petitioner.

Mr. P. J. Gavhane, AGP for the State.

CORAM : S.V. GANGAPURWALA &

R.N. LADDHA, JJ.

DATE : OCTOBER 20, 2022.

P.C.:

1.

The caste claim of the petitioner as belonging to Tadvi is

invalidated.

2.

Learned counsel for the petitioner submits that right from the

year 1924, the documents of the petitioner’s grandfather and father’

s

record caste as Tadvi.

3.

Learned counsel submits that not a single contra entry exists but

still the claim of the petitioner is invalidated only on the ground that

affinity test is not proved. Learned counsel relies on the judgment of the

Supreme Court in Anand vs. Committee for Scrutiny and Verification of

Tribe Claims & Ors., (2012) 1 SCC 113 to contend that affinity test is

not the litmus test.

VIDYA

SURESH

AMIN

Digitally

signed by

VIDYA

SURESH AMIN

Date:

2022.10.21

17:25:42

+0530

Vidya Amin

2

925.wp. 7017-22

4.

Learned AGP submits that in fact the surname of the petitioner’

s

father was Momin, the same was changed to Khan in a Gazette,

however, the petitioner’s grandfather and great grandfather’s surname is

shown as Khan. The learned counsel further submits that in some of the

school record and birth record, the caste is recorded as Musalman. The

petitioner has failed in the affinity test.

5.

The petitioner has placed reliance on the following documents:

Sr.

No.

Nature of document

Name of document holder

Relation with

the Applicant

Entry of caste

Date

of

Registration

1

Caste certificate

Ghulam Hussain Ashraf Khan

Self

Tadvi

14/08/2020

2

Affidavit

Ghulam Hussain Ashraf Khan

Self

--

12/11/2020

3

Transfer Certificate

Momin Ghulam Hussain Ashraf Self

--

10/12/2020

4

Gazette

Ghulam Hussain Ashraf Momin

Self

--

9-15/7/2020

6

Caste Certificate

Ashraf Fakir Mohammad Khan

Father

Tadvi

30/01/2020

7

Birth Certificate

Ashraf

Father

–

27/11/2020

8

Birth Certificate

Ashraf

Father

Muslim Tadvi

01/03/1946

9

School

Leaving

Certificate

Ashraf Khan

Father

Muslim Sunni 01/04/1952

10

Birth Certificate

Fakir Mohammed

Grandfather

–

18/01/2020

11

Birth Certificate

Fakir Mohammed Ladale Saheb

Khan

Grandfather

Muslim Tadvi

09/06/1924

12

Death Certificate

Ladale Saheb Gufur Khan

Great

Grandfather

–

29/10/2020

13

Death Register

Ladale Saheb Gufur Khan

Great

Grandfather

Muslim Tadvi

11/10/1934

6.

The entry Musalman cannot be construed as contra entry, as the

same depicts the religion. The birth record of the petitioner’

s

grandfather of the year 1924 records caste as Tadvi. The birth record of

the petitioner’s father in the year 1946 records the caste as Tadvi. There

is not a single contra entry on record. The Apex Court in Anand (supra)

had held that the affinity test is not a litmus test. The record of pre-

constitutional era would have more probative value. Considering the

Vidya Amin

3

925.wp. 7017-22

consistent documentary evidence on record, the petitioner has proved

that he belongs to Tadvi S.T.. The impugned order is quashed and set

aside. The Committee shall issue the certificate of Tadvi schedule tribe

immediately.

7.

Writ Petition is disposed of. No costs.

(R.N. LADDHA,J)

(S.V. GANGAPURWALA, J.)