Bombay High Court
Yogita Nandkishor Chavan vs The State Of Maharashtra And ... on 7 December, 2021
Bench: S.V. Gangapurwala, S. G. Dige
1 wp 10365.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10365 OF 2019
YOGITA D/O. NANDKISHOR CHAVAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Yeramwar Sushant C.
AGP for Respondents No. 1&2: Mr. P. S. Patil
Advocate for Respondent No. 3: Mr. S. G. Karlekar
Advocate for Respondent No. 4:
Mr P. R. Katneshwarkar
...
CORAM: S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATE: 07th DECEMBER, 2021
PER COURT:
1. The Petitioner had applied for validity
certificate as belonging to Thakur, Scheduled
tribe. Her claim is invalidated. The same is
assailed in the present Writ Petition.
2. The learned Counsel submits that the first
paternal cousin sister of the Petitioner 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
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dated 16.12.2020 allowed the said Writ Petition
thereby setting aside the Judgment of the Scrutiny
Committee and directed 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 the Petitioner and
Sheetal D/o. Sanjay Chavan that of first paternal
cousin sister is not disputed. 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 first
paternal cousin sister of the Petitioner 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 / The Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad dated 16.08.2019 is hereby
quashed and set aside.
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7. Respondent No. 2 / The Scheduled Tribe
Certificate Scrutiny Committee, Aurangabad shall
issue validity certificate to the petitioner of
being a member of "Thakur", Scheduled Tribe
forthwith.
8. Writ Petition accordingly stands disposed of.
No costs.
[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]
marathe
