Bombay High Court
Devyani D/O Gajanan Donge vs S.T. Caste Certificate Scrutiny ... on 28 March, 2025
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2025:BHC-NAG:3659-DB
1/6 wp.3024.23-JF.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3024/2023
WITH
WRIT PETITION NO.3026/2023
WRIT PETITION NO.3024/2023
Ku. Devyani d/o. Gajanan Donge,
Age : 19 Years, Occ. : Student,
R/o. Gopalkhed, Post Gandhigram, ...PETITIONER
Tq. & Dist. Akola.
VERSUS
1. Schedule Tribe Caste Certificate Scrutiny
Committee, Old By Pass, Chaprashipura,
Amravati Division, Amravati, Through its Vice
Chairman/Jt. Commissioner.
2. Shri. Radhakisan Laxminarayan Toshniwal,
Science College, Civil Lines Road, Akola,
Through its Principal ...RESPONDENTS
Mr. A. P. Kalmegh, Advocate for Petitioner.
Mr. I. J. Damle, Assistant Government Pleader for Respondent/State.
WITH
WRIT PETITION NO.3026/2023
Vishal S/o. Santosh Donge,
Age : 19 Years, Occ.: Student,
R/o. Gopalkhed, Post Gandhigram,
Tq. & Dist. Akola. ...PETITIONER
VERSUS
1. Schedule Tribe Caste Certificate Scrutiny
Committee, Old By Pass, Chaprashipura,
Amravati Division, Amravati, Through its
Vice Chairman/Jt. Commissioner.
2/6 wp.3024.23-JF.odt
2. Shri. Shivaji College of Arts,
Commerce and Science, Akola,
Through its Principal. ...RESPONDENTS
Mr. C. M. Rathod, Advocate for Petitioner.
Mr. I. J. Damle, Assistant Government Pleader for Respondent/State.
CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.
DATE : 28.03.2025
JUDGMENT (PER : MRS.VRUSHALI V. JOSHI, J.)
1. Rule. Rule made returnable forthwith and heard finally by consent of the learned Counsel appearing for the parties.
2. In both these petitions, the petitioners are relatives, they are cousins and both of them have filed the petition challenging the order of invalidation of tribe claim dated 19.05.2022.
3. The petitioners are claiming to be belonging to "Thakur" Scheduled Tribe, which is recognized at Serial No.44 in the list of Scheduled Tribe in Notification. The tribe claim of both the petitioners along with necessary documents was forwarded to respondent No.1 Committee for verification. The petitioners have submitted the documents prior to 1950 related to paternal side blood relatives of the petitioners wherein entry in regard to caste is "Thakur". The oldest entry of caste "Thakur" is of the year 1944. The documents submitted by the petitioners are prior to issuance of Presidential Order, 1950. Those documents though 3/6 wp.3024.23-JF.odt having more probative value for determining the tribe claim of the petitioners were not considered by the Caste Scrutiny Committee.
4. The vigilance cell enquiry was conducted. The petitioners have submitted their written submissions to the show-cause notice issued by the respondent No.1-Caste Scrutiny Committee. The petitioners have specifically submitted that the document collected by the Vigilance Cell Officer of the year 1921 of Madho wherein caste entry is of "Bhat" is not related to them, on the basis of which, the caste claim of both the petitioners was rejected. The name of forefather of the petitioner is Moghaji and not Madho. Madho and Moghaji are different persons, however in the Vigilance Cell Report, Moghaji and Madho are shown as the same person and, therefore, relying on the said document, the claim of the petitioners was rejected.
5. The learned Counsel for the petitioners has stated that in the Kotwal Book the name of the forefather of the petitioners is mentioned as Moghaji and caste entry of "Thakur" is recorded therein.
6. The respondent - Committee in the impugned order has mainly placed reliance upon document of the year 1921 of caste "Bhat" and based on the above came to the conclusion that the petitioners are not 4/6 wp.3024.23-JF.odt belonging to "Thakur" Scheduled Tribe. The Committee also by relying on the affinity test, has rejected the tribe claim of the petitioners.
7. The learned A.G.P. relying on the order passed by the Caste Scrutiny Committee has stated that one of the entry is of "Bhat" community and the petitioners have not satisfied the affinity test and as such the Court may pass appropriate order.
8. Heard the learned Counsel for the parties.
9. The petitioners have filed affidavit on record dated 25.11.2024 and submitted that the cousins of the petitioners have received the validity certificates in view of the order passed by this Court in Writ Petition No.5631/2023 [Vivek s/o. Santosh Donge and Anr. Vs. The Vice- Chairman/Member Secretary Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati and Ors.]. The petitioners therein namely Vivek Santosh Donge and Gauri Sahadeo Donge have received the validity on the basis of same documents, which were submitted by both the petitioners before the Scrutiny Committee. Considering the said documents, this Court has passed the order and directed to issue validity certificate to both the petitioners in the aforesaid petition. The petitioner No.1 Vivek Santosh Donge is the real brother of the present petitioner Vishal Santosh Donge and Gauri Sahdeo Donge is the cousin of both the 5/6 wp.3024.23-JF.odt petitioners. We have verified the relations of the petitioners with Vivek and Gauri from the genealogical tree placed on record by the petitioners.
10. As per the judgment of this Court in the case of Apoorva Nichale Vs. Divisional Caste Scrutiny Committee reported in (2010) 6 Mh.L.J. 401, if the blood relatives have received the validity certificate, then on the basis of same, the validity certificate can be issued to the petitioners. The petitioners have filed the documents which prove that the great grandfather and other relatives are of "Thakur" caste and the documents on which the Committee has relied the petitioners have denied the relations with them and the name of those person is also not found in the family tree. As the validity certificate is issued to the blood relatives of both the petitioners, the petitioners are entitled for grant of validity certificates.
11. Hence, we pass the following order :-
I] The Writ Petition is allowed.
II] The order passed by the Scrutiny Committee on
19.05.2022 is hereby quashed and set aside.
III] It is declared that the petitioners belong to "Thakur"
Scheduled Tribe. The Scrutiny Committee shall issue validity certificate in favour of both the petitioners 6/6 wp.3024.23-JF.odt within a period of two months from the receipt of copy of this judgment.
12. Rule is made absolute in the aforesaid terms. No costs.
(MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 08/04/2025 10:07:35