Bombay High Court
Yogesh Macchindra More vs State Of Maharashtra Through ... on 28 March, 2023
Bench: Sandeep V. Marne
2023:BHC-AS:9333-DB
27-WP-434-2015 & WP-4941-2022
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 434 OF 2016
Yogesh Macchindra More .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
WITH
WRIT PETITION NO. 4941 OF 2022
Ranjit Dadosa More .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
Mr. Niranjan Shimp for petitioner in WP/434/2016.
Mr. R. K. Mendadkar for petitioner in WP/4941/2022.
Mr. B. V. Samant, AGP for State in both the matters.
CORAM: S. V. GANGAPURWALA, ACTING CJ. &
SANDEEP V. MARNE, J.
DATE: MARCH 28, 2023
P.C.:
1. Rule. Rule made returnable forthwith. By consent of
parties, taken up for final disposal.
2. The caste claim of the petitioners as belonging to Thakar,
Scheduled Tribe, is invalidated. Aggrieved thereby, the present writ
petitions.
3. The petitioners in both the writ petitions claim to be
belonging to same family.
4. We have considered the genealogy in both the matters and
27-WP-434-2015 & WP-4941-2022
also the stand of the respondents. It does not appear that the
relationship is disputed. The petitioners belong to the same family.
The documents relied on are also same in both the matters.
5. The petitioners also relied upon the validity certificate issued
to Gurudatta Gorakhnath More who is the son of the real uncle of
petitioner Yogesh and paternal cousin of petitioner Ranjit.
6. The following documents have been relied upon by the
petitioners to substantiate their caste claim as Thakar, Scheduled
Tribe: -
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1 Ekgknso ukjk;.k eksjs fganw ¼Bkdj½ [email protected]@1953 pqyrs
2 egknso ukjk;.k eksjs ejkBk &@[email protected] pqyrs
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3 eqDrkckbZ ukjk;.k eksjs fganw Bkdj &&& vkR;k
4 xksj[kukFk ukjk;.k eksjs fganw & [email protected]@1959 pqyrs
Bkdj
5 Dq- lqeu ukjk;.k eksjs fganw ejkBk &&& vkR;k
6 efPNanz ukjk;.k eksjs fganw Bkdj [email protected]@1967 ofMy
7 nknklks y{e.k eksjs fganw Bkdj [email protected]@1970 pqyrs
8 & & & &
9 & & & &
10 Dq- uqru egknso eksjs fganw Bkdj [email protected]@1977 pqyr cfg.k
11 fot;dqekj y{e.k eksjs fganw Bkdj [email protected]@1977 pqyr pqyrs
12 ;ksxs'k efPNanz eksjs fganw Bkdj [email protected]@1990 vtZnkj
13 Dq- ;ksfxrk efPNanz eksjs fganw Bkdj [email protected]@1993 cfg.k
14 Dq- :ikyh efPNanz eksjs fganw Bkdj [email protected]@1996 cfg.k
15 fdj.k nknklks eksjs fganw Bkdj [email protected]@1997 pqyr HkkÅ
16 egs'k efPNanz eksjs fganw Bkdj [email protected]@2000 HkkÅ
17 LoIukyh nknklks eksjs fganw Bkdj [email protected]@2000 pqyr cfg.k
c½ tUeuksanh
v- tUerkjh[k ofMykaps o tkr vtZnkjk'kh ukrs
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3 [email protected]@2015¼1915½ jkock jkek eksjs Bkdj pqyr vktksck
1 [email protected]@1917 jkock jkek eksjs Bkdj vktksck
27-WP-434-2015 & WP-4941-2022
4 [email protected]@1947 egknso ukjk;.k HkkV pqyrs
jkock eksjs
7. According to the learned AGP the birth record of Mahadeo
Narayan Ravba More, uncle of the petitioner Yogesh dated 25th
March, 1947 records caste as "Bhat". The same is contra entry.
Earlier the petitioners have not shown Mahadeo to be their relative.
So also, in the school record of Mahadeo earlier caste was recorded
as "Maratha" and Thakar is introduced subsequently. According to
the learned AGP this anomaly would substantiate that the
petitioners do not belong to Thakar, Scheduled Tribe. It is further
submitted by the learned AGP that the paternal relative is issued
with the validity certificate in the year 2003. At that time vigilance
was not scrupulously conducted.
8. Except one contra entry on record as Bhat in the birth
certificate of Mahadeo, all other documents record caste as
"Thakar" in the school records of the paternal relative of the
petitioners. One document of 1917 is also relied upon by the
petitioners recording caste as "Thakar" of Ravba Rama More, the
grandfather of the petitioners. According to the learned AGP
earlier entry was in Marathi. The same has been scored and Thakar
has been recorded.
9. It is further contended that in the case of petitioner Ranjit,
the petitioner had produced the document of the year 1915 of one
Ravba i.e. birth record wherein caste is recorded as "Thakar". The
27-WP-434-2015 & WP-4941-2022
same is also verified by the vigilance and the said entry has been
approved to be correct.
10. It would appear that consistently, even pre-independence
documents, record caste as Thakar, Scheduled Tribe. The same will
have probative value. It has been held by the Apex Court in the
recent judgment dated 24th March, 2023 in the case of Mah.
Adiwasi Thakur Jamat Swarakshan Samiti vs. The State of
Maharashtra & Ors. (Civil Appeal No. 2502 of 2022) that the
affinity test is not a litmus test to decide a caste claim and is not
an essential part in the process of the determination of correctness
of a caste or tribe claim in every case.
11. The Committee also relied on documents of one Chandrakant
Narayan More and Suryaji Narayan More wherein caste is recorded
as "Maratha" in the school record. The petitioners denied their
relationship with Chandrakant and Suryaji. Upon being confronted,
the learned AGP could not substantiate the relationship of these
persons with the petitioners in the genealogy. These persons have
no relation with the petitioners.
12. In the light of the consistent documentary evidence, the
impugned judgments are quashed and set aside. The Committee
shall issue validity certificates to the petitioners as "Thakar,
Scheduled Tribe within fifteen (15) days.
13. Rule is accordingly made absolute. No costs.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
