WRIT PETITION NO. 6312/2018

14th February 2020

Petitioner Counsel: Ms. P.D. Rane
Respondent Counsel: Shri S.J. Kadu Shri A.B. Patil

Cases Cited :
Para 4: Anand Vs. Committee for Scrutiny and Verification of Tribe Claims and others, 2011 (6) Mh.L.J. 919
Para 5: Jaywant Dilip Pawar Vs. State of Maharashtra and ors, 2018 (5) ALL M R 975 (S.C.)

JUDGEMENT

VINAY JOSHI, J.

1. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

2. The challenge in this petition is to the order dated 27.05.2018 passed by the respondent No. 2 Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati invalidating the claim of the petitioner for ‘Thakur’ Scheduled Tribe which is an entry at Serial No. 44 in the Constitution (Scheduled Tribes) Order 1950. The invalidation is on the ground of insufficiency of documentary evidence, failure in affinity test and area restriction.

3. Undisputedly, the petitioner has produced before the Committee in all 133 documents, out of which, documents at Sr. Nos. 3 to 9, 12 to 14, 21, 22, 25, 40, 64 and 69 were preceding to the year 1950. These documents are ranging for the period from 1928 to 1950. They bear entries of ‘Thakur’ caste in relation to the petitioner’s great-grandfather Shankar, Uncle Bhaurao and grandfather Narayan. The Vigilance Cell conducted an inquiry and verified the documents. The Vigilance Cell found that the entries of ‘Thakur’ caste entered in old documents are correct. The relationship of the petitioner with the person in whose documents ‘Thakur’ caste was entered is not in dispute. We have gone through the Vigilance Cell Report which equally bears reference of all these old documents of petitioner’s parental relations showing the entry of ‘Thakur’ caste. We do not find any reason to discard these preconstitutional documents which are having great probative value.

4. The second point regarding failure to establish the affinity test is concerned, it is covered by the decision of the Apex Court in Anand vrs. Committee for Scrutiny and Verification of Tribe Claims and others, 2011 (6) Mh.L.J. 919. In the said decision, the Apex Court has held that the affinity test can be used only as a corroborative piece of evidence and set aside the findings of this Court holding that the caste claim can not be accepted merely on the strength of documentary evidence. It is also observed that the affinity test cannot be considered as litmus test but to be used for the purpose of corroboration only. In view of this decision and the fact that the petitioner has produced the documents having probative value, the genuineness of which is not disputed, the second ground stated by the Committee to reject the claim would not sustain.

5. The point regarding area restriction is covered by the decision of the Apex Court in the case of Jaywant Dilip Pawar vrs. State of Maharashtra and ors, 2018 (5) ALL M R 975 (S.C.). The Apex Court has held that after the amendment to the second schedule by Second Schedule Act No. 108 of 1976, the area restrictions are removed. It was the case for the claim of Thakur-Scheduled Tribe in the State of Maharashtra and the High Court confirmed the rejection by the Committee on the ground that the relatives of the appellant were not residents of the areas mentioned in the Presidential Order of 1956. The Apex Court allowed the appeal and quashed and set aside the decision of this Court. In view of this, the point is no longer open to challenge and the Committee fell in error in rejecting the claim of the petitioner on the ground of area restriction.

6. We hold that petitioner has duly established his claim of ‘Thakur’ caste on the basis of various preconstitutional documents. In view of that, the impugned order needs to be quashed and set aside and the claim of the petitioner for “Thakur” Scheduled Tribe needs to be validated. Though the petitioner claimed some additional reliefs by way of amendment, however the learned counsel for the petitioner submitted that during the passage of time other grievances are redressed and the issuance of validity certificate would suffice the purpose. Hence, the following order is passed.
(i) The order dated 27.05.2018 passed by respondent No. 2. Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati is hereby quashed and set aside.
(ii) The claim of the petitioner for “Thakur” Scheduled Tribe which is an entry at Sr. No. 44 in the Constitution (Scheduled Tribes) Order, 1950 is held to be valid. Accordingly, the respondent No. 2 Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati, is directed to issue the caste validity certificate of “Thakur” Scheduled Tribe in favour of the petitioner within a period of six weeks from today.
Rule is made absolute in above terms. No order as to costs.