Bombay High Court
Manjusha / Manjushri D/O Ramesh Chavan vs State Of Maharashtra, Through Its ... on 23 January, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:923-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.973/2015
Manjusha/Manjushri Daughter
of Ramesh Chavan, aged about
26 years, Occu. Service, resident
of Ward No.18, Gandhi Nagar,
Chikhali, District Buldhana.
....PETITIONER
...VERSUS...
1. The State of Maharashtra,
through its Secretary, Tribal
Welfare Development,
Mantralaya, Mumbai-32,
2. Scheduled Tribe Certificate
Scrutiny Committee, Amravati
Division, through its Member
Secretary, Irwin Chowk,
Amravati.
3. Maharashtra University of
Health Sciences, through its
Registrar, Wani Road,
Mhasrul, Nashik.
4. The Dean, G.S. Medical
College, Parel, Mumbai.
...RESPONDENT
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Shri G.R. Kothari, Advocate for petitioner
Shri A.M. Joshi, AGP for respondent Nos.1 & 2
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CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ..
DATE OF RESERVING THE JUDGMENT : 15/01/2024
DATE OF PRONOUNCING THE JUDGMENT: 23/01/2024
JUDGMENT (PER : SMT. M.S. JAWALKAR, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally with
the consent of Shri Kothari, learned Counsel for petitioner and
Shri A.M. Joshi, learned AGP for respondent Nos.1 & 2.
3. The challenge to the petition is to the order of invalidation
of the Caste claim of the petitioner by the Caste Scrutiny
Committee, Amravati. The petitioner claims to be belonging to
"Thakur" Scheduled Tribe, which is recognized at Sr. No.44 in the
Constitution (Scheduled Tribe) Order, 1950. The Petitioner is a
Student. It is contended that the petitioner had applied for the
verification of her claim for "Thakur" Schedule Tribe for education
purpose through the Principle, Deogiri College, Aurangabad on
28/01/2004. It is contended that the petitioner has been conferred
with caste certificate as 'Thakur" Schedule Tribe on 28/08/1995. it
is further contended that there are two validity certificate issued
by the Scrutiny Committee at Aurangabad to the close relatives of
the petitioner; One to the Petitioner's real sister namely Swapna
Ramesh Chavhan on 21/04/2001 and other in favour of
petitioner's cousin sister namely Priti Sunil Chavan who has been
granted validity certificate as "Thakur" Schedule Tribe by
Aurangabad Committee on 30/08/2002. There were several pre-
independance documents and validity certificate issued to her
blood relatives from paternal side which were not considered by
the Scrutiny Committee and rejected the claim of the petitioner
without any valid reason and passed impugned order.
4. Oldest document is of the year 1915 which is first page of
service book of Parvat Ramji who is shown as belonging to Thakur
Scheduled Tribe of the Grand father of Petitioner. Another entry
death extract of Rajaram Thakur dated 19/01/1916 Great grand-
father of Petitioner. The birth extract of Sitaram Thakur dated
04/07/1933 showing belonging to "Thakur" Tribe. Consistently,
in all the documents as many as 103 documents which shows the
relatives of the petitioner belonging to "Thakur" Tribe. Similarly,
there are documents consistently showing that person in blood
relation of the petitioner as belonging to "Thakur" Tribe. Not only
this, there is validity certificate issued by Aurangabad Scrutiny
Committee in respect of Petitioner's real sister Sapna Chavan
dated 21/04/2001 and her cousin sister Priti Chavan dated
30/08/2002. In the said validity certificate, Priti and Sapna both
were shown belonging to Thakur Scheduled Tribe. There is no
dispute over genealogical tree and relation of petitioner with Priti
and Sapna.
5. In view of decision in Writ Petition No.2685/2022, it is
already held by this Court by the ground of rejection put-forth in
the impugned order is illegal as there is no law which restrict, the
validity certificate only to the area over which the Scrutiny
Committee has its jurisdiction. Once the validity certificate is
granted to a claimant, it would become conclusive proof of social
status acquired by that person for all purpose and in any territory
where such proof is required to be submitted.
6. In our considered opinion, the only reason for not
considering those validity certificates appears to be that the same
was issued by Scheduled Tribe Scrutiny Committee, Aurangabad.
Once the validity certificate is granted to a claimant, it becomes
the conclusive proof of the social status acquired by that person
for all purpose and in any territory where such proof is required to
be submitted. Therefore, such validity certificate can also be used
as having sufficient evidentiary value in the caste or tribe claim
placed by the other relatives of a person in whose favour, those
certificates are issued. As such, reasoning adopted by the Scrutiny
Committee is totally erroneous and contrary to the law laid down
by this Court. As such, petitioner is entitled to have his tribe
certificate validated by the Scrutiny Committee.
7. The petition is allowed in terms of prayer Clause 'A'. The
Scheduled Tribe Certificate Scrutiny Committee, Amravati is
directed to issue validity certificate to the petitioner as belonging
to "Thakur" Scheduled Tribe within a period of three weeks from
the date of this order.
8. Rule is made absolute in above terms. No costs.
JUDGE JUDGE
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 23/01/2024 18:12:35
