Bombay High Court
Gajanan S/O Motiram Donge vs The ... on 13 August, 2024
Author: M.W. Chandwani
Bench: Avinash G. Gharote, M.W. Chandwani
2024:BHC-NAG:8905-DB
1 wp4101.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.4101 OF 2021
Gajanan S/o Matiram Donge
Aged about 59 years, Occ: Retired,
R/o Amrut Nagar, Jalamb Road,
Khamgaon, Taluka Khamgaon,
Distt. Buldana. ...PETITIONER
...V E R S U S...
The Vice-Chairman/Member Secretary,
Scheduled Tribe Caste Certificate Scrutiny
Committee, Chaprashipura, Amravati.
...RESPONDENT
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Ms Preeti Rane, Advocate for petitioner.
Shri M.J. Khan, AGP for respondent.
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CORAM :- AVINASH G. GHAROTE &
M.W. CHANDWANI, JJ.
RESERVED ON :- 08.08.2024.
PRONOUNCED ON :- 13.08.2024.
JUDGMENT (PER : M.W. CHANDWANI, J.):
. Rule. Rule is made returnable forthwith. Heard finally
with the consent of both counsel.
2. The petition challenges the order dated 23.08.2021
passed by the respondent - Scheduled Tribe Certificate Scrutiny
Committee, Amravati, whereby the claim of the petitioner as
"Thakur", a scheduled tribe has been invalidated.
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3. The petitioner was selected on the post of Helper on
the establishment of Maharashtra Road Transport Corporation,
Buldhana from the Scheduled Tribe reserved category. The
petitioner through proper channel had forwarded his tribe claim
towards 'Thakur' for verification and issuance of validity
certificate, which is enrolled at serial no.44 of the Constitution
(Scheduled Tribes) Order, 1950. The petitioner filed various
documents in support of his claim. The vigilance was conducted
in the matter of tribe claim of the petitioner. The petitioner was
asked to submit reply. After considering the vigilance report,
respondent - Scrutiny Committee invalidated the tribe claim of
the petitioner mainly on the ground that the tribe claim of seven
blood relatives of the petitioner as 'Thakur' were invalidated by
the respondent apart from the affinity test.
4. The contention of the petitioner is that none of seven
persons whose tribe claims have been invalidated by the
respondent are the blood relatives of petitioner.
5. Learned AGP made a statement that the contention of
the petitioner is correct that none of those seven persons whose
tribe claim have been invalidated by the respondent are blood
relatives of the petitioner. The reliance therefore placed by the
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respondent-Committee on these documents to invalidate the tribe
claim of the petitioner is clearly unjustified.
6. The documents filed by the petitioner before the
respondent-Committee from 1926 consistently show the caste
blood relatives of the petitioner as 'Thakur'. What remains to be
considered is, the ground why petitioner could not qualify the
affinity test conducted by the Vigilance Cell. The law in this regard
is no res integra in the case of Maharashtra Adiwasi Thakur Jamat
Swarakhshan Samiti Vs. State of Maharashtra and others 1
,
wherein it has been held that the affinity test is not a litmus test
for affinity caste claim.
7. In view of above, the writ petition is allowed. The
impugned order dated 23.08.2021 passed by respondent -
Scrutiny Committee in Case No.5/ST/2008/10168 is hereby
quashed and set aside. It is declared that petitioner belongs to
Thakur, Scheduled Tribe and the respondent is directed to issue
validity certificate of 'Thakur' Scheduled Tribe within a period of
four weeks from today.
Rule is made absolute in aforesaid terms with no
order as to costs.
(M.W. CHANDWANI, J.) (AVINASH G. GHAROTE J.)
Wagh
1 2023 SCCOnline SC 326
