Bombay High Court
Abhay S/O Mukesh Kale, Thr. His ... vs The District Caste Certificate ... on 21 August, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:12500-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4710/2023
Abhay S/o. Mukesh Kale,
Age 16 years, Occ.: Student (Minor),
Through his Legal Guardian
Mukesh S/o. Mahadeorao Kale,
Age : 42 Years, Occ. : Business,
R/o. Indla Village, Tq. And Dist.: Amravati. ----PETITIONER
--VERSUS--
1. The District Caste Certificate Verification
Committee, Amravaati.
2. Sub-Divisional Officer, Amravati.
3. State of Maharashtra
Through State Common Entrance Test Cell,
Maharashtra State, 8th Floor, New Excelsior
Building, A.K. Nayak Marg, Fort,
Mumbai - 400001. ----RESPONDENTS
Mr. S. S. Shingane, Counsel for the Petitioner.
Mr. A. A. Madiwale, Assistant Government Pleader for Respondent Nos.1 and 2.
Mr. N. S. Khubalkar, Advocate for Respondent No.3.
CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
DATE : AUGUST 21, 2023
JUDGMENT (PER : MRS.VRUSHALI V. JOSHI, J.)
1. Rule. Rule made returnable forthwith. Heard finally with
consent of the learned Counsel for the parties.
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2. The petitioner seeks to challenge the order dated 05.07.2023
passed by the District Caste Certificate Verification Committee, Amravati.
3. The petitioner belongs to caste 'Gawali', which is recognized
as a Nomadic Tribe (B) at Serial No.36 under the Government Resolution
CBC-10/2001/PK 232/MVK-5 dated 01.06.2004. The caste claim of the
petitioner was submitted to the respondent No.1 by online process on
09.02.2023. The petitioner along with his application had submitted his
Caste Certificate, his School Leaving Certificate of SCC, the Leaving
Certificate of Junior College, the School Leaving Certificate of his father,
the School Leaving Certificate of his paternal uncle showing entry of caste
as 'Gawali', School Leaving Certificate of his grandfather Mahadeo Maraji
Kale showing date of birth 26.02.1945, the Birth Register maintained at
Tahasil Office, Amravati showing birth entry of cousin grandfather namely
Shivappa Gawali showing caste of great grandfather as 'Gawali' which is
the entry taken on 07.12.2042 i.e. before 21.11.1961 and the family tree
on affidavit dated 21.01.2023.
4. On 24.05.2023 the respondent No.1 informed the father of
the petitioner that the caste claim is decided and rejected vide order dated
05.07.2023. The father of the petitioner was educated up to 9 th class. He
had not verified his e-mail ID and after receiving the information about
the rejection of the claim, he found that the e-mail was sent by the
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respondents and they issued a show-cause notice on 24.05.2023. On
perusal of the Vigilance Report, the petitioner found that the Vigilance
Committee had not conducted home enquiry. Not considered the Birth
Register dated 07.12.1942, in which the caste of the great grandfather
namely Maraji Devaji was mentioned as 'Gawali' nor it had conducted any
enquiry from the adjoining houses regarding the caste and customs of the
petitioner's family. The birth entry of the petitioner's cousin grandfather
namely Shivappa in which caste of the great grandfather is shown as
'Gawali' dated 07.12.1942 had not considered in the Vigilance Enquiry
Report. The petitioner's distant cousin who is son of real cousin uncle
namely Yogesh Gajanan Kale has received the Validity Certificate which is
also not considered by the respondents and rejected the caste claim of the
petitioner. Hence, the petitioner has filed this writ petition.
5. The learned Assistant Government Pleader opposed the writ
petition stating that the petitioner has filed the family tree on record
which does not disclose the name of the father of the petitioner i.e.
Mukesh. The relation with said person Yogesh is not proved. The affinity
has also not been proved, hence the claim is rightly rejected.
6. Heard both the learned Counsel. Perused the record.
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7. The old entry of the great grandfather Maraji is of cast
'Gawali', the document is of 1942. It appears that the Vigilance Cell has
not considered the said document while considering the caste claim of the
petitioner. Being the oldest document of pre-independence period, it
carries high probative value. Reference to caste 'Gawali' is found therein.
The Scrutiny Committee has preferred to consider later documents of
1986 instead of the documents of 1942 and 1952. Due weightage ought
to have been given to the document of 1942.
8. The affinity test is not a litmus test as per the latest judgment
of the Hon'ble Apex Court in the case of Maharashtra Adiwasi Thakur
Jamat Swarakshan Samiti Vs. State of Maharashtra and Ors. [2023(2)
Mh.L.J. 785]. As the old document shows that the caste of the great
grandfather is 'Gawali', even by excluding consideration of the Validity
Certificate on which the petitioner has relied, considering the old
documents having the entry as 'Gawali', the petitioner has established his
claim of belonging to 'Gawali' cast. Hence, the writ petition is allowed
and the following order is passed :
i] The order dated 05.07.2023 passed by the Scrutiny
Committee invalidating the petitioner's claim of
belonging to Gawali-Nomadic Tribe (B) is set aside.
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ii] It is declared that the petitioner has proved that he
belongs to Gawali-Nomadic Tribe (B). Scrutiny
Committee shall within a period of three weeks issue
Validity Certificate to the petitioner.
iii] Till such Validity Certificate is issued, the petitioner can
rely on copy of this judgment to indicate that his claim
of belonging to Gawali-Nomadic Tribe (B) has been
upheld.
9. Rule is made absolute in the aforesaid terms with no order as
to costs.
10. Parities to act on authenticated copy of this judgment.
(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 22/08/2023 19:24:11
