Bombay High Court
Jitu Sanjay Chavan And Another vs Commissioner And Another on 7 December, 2021
Bench: S.V. Gangapurwala, S. G. Dige
1 wp 13565.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1021 WRIT PETITION NO.13565 OF 2021
JITU SANJAY CHAVAN AND ANOTHER
VERSUS
COMMISSIONER STATE CET CELL AND ANOTHER
...
Advocate for Petitioners: Mr. Phatale Sagar S
AGP for Respondents: Mr. P. S. Patil
...
CORAM: S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATE: 07th DECEMBER, 2021
PER COURT:
1. The Petitioners had applied for validity
certificates as belonging to Thakur, Scheduled
tribes. Their claims are invalidated. The same is
assailed in the present Writ Petition.
2. The learned Counsel submits that the real
sister of the Petitioner No. 1 namely Sheetal D/o.
Sanjay Chavan had also applied for the validity
certificate. Her claim was invalidated. She filed
Writ Petition No. 7754 of 2020. This Court under
the Judgment and Order dated 16.12.2020 allowed
the said Writ Petition thereby setting aside the
Judgment of the Scrutiny Committee and directed
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the Committee to issue validity certificate to
her. The learned Counsel relies on the Judgment of
the Division Bench of this Court in case of
Apoorva D/o. Vinay Nichale Vs. Divsional Caste
Certificate Scrutiny Committee No. 1 and others
reported in 2010 (6) Mh.L.J. 401.
3. We have also heard the learned A.G.P.
4. The relationship between Petitioner No. 1 and
Sheetal D/o. Sanjay Chavan that of real brother
and sister is not disputed. So also, said Sheetal
D/o. Sanjay Chavan is the first paternal cousin of
Petitioner No. 2 Shraddha D/o. Nandkishor Chavan.
This Court while allowing the Writ Petition filed
by Ms. Sheetal D/o. Sanjay Chavan had passed a
detailed Judgment and thereby directed the
Committee to issue validity certificate to the
Petitioner and observed as under-
"15. On making scrutiny of the impugned
order and the original file/proceeding before
the committee, it is found that the
petitioner's father has given genealogy. The
petitioner has produced her caste certificate
coupled with affidavit, wherein her caste has
been shown as "Thakur". She has placed on
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record her school record and college record,
wherein her caste is recorded as "Thakur".
She has also placed on record the extract of
school record / extract of admission register
/ school leaving certificate pertaining to
her grandfather, father, uncle cousin sister
and cousin brother. She has produced in all
33 documents in number in support of her
tribe claim. The old record pertaining to
petitioner's grandfather namely Bapurao
Namdev Chavan (Thakur) is of dated
10.06.1954, wherein his caste is recorded as
"Thakur". Smt. Laxmi Ramkrushna happens to be
grandmother of the petitioner and her school
record dated 12.10.1958 speaks that her caste
is recorded as "Thakur". The same is the case
of petitioner's father, uncle, real brother,
cousin brother and sisters. We do not find
any contra entry in the record.
16. We have also perused the vigilance
report. There is no documentary evidence
collected by the vigilance officer to
disbelieve the documentary evidence placed on
record by the petitioner in support of his
tribe claim. The committee has placed much
reliance on the statements of two villagers
namely Bhagwan Anjubhau Bhutekar, Age - 75
years and Sahebrao Murlidhar Bhutekar, Age -
66 years both resident of Hiwardi, Tq. &
Dist. Jalna. According to the observations of
the committee, the statements of the above
said two villagers speak that the family
profession of the petitioner's ancestors was
settling marriages, singing songs in the
marriage, and they were getting money and
clothes for that work. They fall in the
category of "Non-tribal Bhat Thakur". We do
not agree with the observation made by the
committee referred above. When there is
reliable documentary evidence right from the
petitioner's grandfather of 1954, no more
reliance can be placed on oral statements of
the above said two villagers. It is evident
from the record that right from the
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petitioner's grandfather, grandmother since
the year 1954 and 1957 respectively, in their
family, the caste is recorded as "Thakur". No
contra entries or contra evidence is brought
on record by the vigilance officer to
disbelieve the above said documentary
evidence. We do not see any justifiable
reason to discard the documentary evidence of
they year 1954, which speaks that
petitioner's grandfather's caste is shown as
"Thakur". The said record is more than 30
years old and it has probative value and it
needs to be believed unless contrary entries
are shown by the vigilance officer. The
committee has completely overlooked this
legal aspect and invalidated the caste claim
of the petitioner.
19. On careful scrutiny of the genealogy
coupled with the documentary evidence
produced by the petitioner right from the
year 1954, makes out a clear picture that the
caste of the family of the petitioner is
recorded as "Thakur" since the year 1954. In
the above background, no more weightage can
be given to the affinity test.
20. It is true that the tribe claim of
the petitioner's cousin sister, namely Yogita
Nandkishor Chavan has been invalidated by the
committee and that decision is challenged
before this Court by filing Writ Petition No.
10365 of 2019, and now the matter is
subjudice. It is not a hurdle in the way of
petitioner to get the validity certificate of
"Thakur" Scheduled Tribe.
21. Having regard to the above reasons
and discussion, it is clear that the findings
recorded by the committee are erroneous. The
committee has not properly considered the
documents, which are more than 30 years old
and arrived at incorrect conclusion. There
are no contra entries to throw away the
tribe claim of the petitioner. The vigilance
report also nowhere speaks about contra
evidence. The impugned order rendered by the
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committee invalidating tribe claim of the
petitioner needs to be quashed and set aside.
The petitioner is entitled to get the tribe
validity certificate. With these reason, we
conclude and proceed to pass the following
order.
ORDER
(i) The order / decision rendered by
respondent No. 3 / Scheduled Tribe Scrutiny
Committee, Aurangabad dated 09.11.2020 is
hereby quashed and set aside.
(ii) Respondent No. 3 / Scheduled Tribe
Certificate Scrutiny Committee, Aurangabad
shall issue validity certificate to the
petitioner of being a member of "Thakur
Scheduled Tribe" forthwith
(iii) Rule is made absolute accordingly.
(iv) The writ petition is disposed of. No
order as to costs."
5. For the reasons recorded in the Judgment of
the Division Bench of this Court in case of real
sister of Petitioner No. 1 and paternal cousin of
Petitioner No. 2 namely Sheetal D/o. Sanjay Chavan
in Writ Petition No. 7754 of 2020 dated
16.12.2020, we follow the same course.
6. The order / decision rendered by respondent
No. 2 / Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad dated 02.12.2021 is hereby
quashed and set aside.
6 wp 13565.2021
7. Respondent No. 2 / Scheduled Tribe
Certificate Scrutiny Committee, Aurangabad shall
issue validity certificates to the petitioners of
being members of "Thakur", Scheduled Tribe
forthwith.
8. Writ Petition accordingly stands disposed of.
No costs.
[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]
marathe
