Bombay High Court
Om Sanjay Chavan vs State Of Maharashtra And Ors on 11 January, 2024
Bench: Nitin Jamdar, M.M.Sathaye
2024:BHC-AS:2986-DB
1 32-wp-9273-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9273 OF 2021
Om Sanjay Chavan ...Petitioner
Versus
State of Maharashtra and Ors. ...Respondents
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SNEHA Mr. Rahul Kadam i/b Tejsweeta Bhosale for the Petitioner.
NITIN Mr. K.S. Thorat, AGP for the Respondent/State.
CHAVAN
Digitally signed by
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SNEHA NITIN
CHAVAN
Date: 2024.01.22
17:06:07 +0530
CORAM : NITIN JAMDAR AND
M.M.SATHAYE, JJ.
DATE : 11 JANUARY 2024
P.C. :
. Heard learned counsel for the parties. Perused record.
2. The Petitioner has filed this petition challenging the impugned
order dated 9 December 2021 passed by Respondent No.2/
Schedule Tribe Certificate Scrutiny Committee, Pune Division, Pune
(for short 'Scrutiny Committee') in Case No. 109 of 2021, under
which the Petitioner's tribe certificate has been invalidated.
3. The Petitioner is a student who was granted caste certificate as
belonging to Thakar (Schedule Tribe). Respondent No.4
Educational Institute in which the Petitioner has sought admission,
Sneha Chavan
2 32-wp-9273-21.doc
sent the Petitioner's caste certificate for validation to the Respondent
No.2 Scrutiny Committee vide its letter dated 23 January 2021. The
Scrutiny Committee referred the matter to Vigilance Cell for inquiry,
who submitted its report on 22 July 2021. After hearing the
Petitioner, the Scrutiny Committee has passed the impugned order.
4. Learned counsel for the Petitioner submitted that the Scrutiny
Committee has invalidated the tribe certificate without considering
two pre-constitutional documents, viz. of his cousin grandfather
Vithal Pitambar Chavan and great grandmother Rakhama Ko Pila
Thakar. He submitted that the said two pre-constitutional
documents are dated 10 July 1938 and 2 September 1947
respectively. He submitted that apart from not considering these
important documents, the Scrutiny Committee has proceeded mainly
on the basis of affinity test which is held against the Petitioner.
Relying on the recent Judgment of the Hon'ble Supreme Court's in
the case of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v/
s. State of Maharashtra and Ors.1, the learned counsel for the
Petitioner submitted that the affinity test is no more a test to decide a
caste claim and the same cannot be conclusive either way. He
therefore submitted that the impugned order needs to be interfered
with. The learned AGP, on the other hand supported the impugned
order.
5. Perusal of the judgment of Maharashtra Adiwasi Thakur Jamat
1 2023 SCC Online SC 326
Sneha Chavan
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Swarakshan Samiti (supra) shows that three Judges Bench of the
Hon'ble Supreme Court has clearly ruled that during inquiry before
the Scrutiny Committee, affinity test cannot be considered as
conclusive either way, and other material on record having probative
value will have to be taken into consideration for deciding the
validation claim. It is further clearly held by the Hon'ble Supreme
Court that affinity test is not a litmus test to decide caste claim and is
not essential part in the process of determining correctness of the
caste claim, in every case.
6. Perusal of the impugned order shows that there is no
discussion about the aforesaid two alleged pre-constitutional
documents of the Petitioner's relatives. The impugned order
apparently proceeds on the basis of the affinity test and vigilance
report and discussion about caste validity certificate issued to
Petitioner's 2 uncles and mother only.
7. In that view of the matter, we find it appropriate to remand the
matter to the Scrutiny Committee for reconsideration. Hence, the
following order is passed.
(i) The impugned order dated 9 December 2021 passed by
Respondent No.2 Scrutiny Committee, is quashed and set aside. The
Petitioner's case No. 109 of 2021 for validation of the tribe
certificate, is restored to the file of Respondent No.2.
Sneha Chavan
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(ii) The Respondent No.2/Scrutiny Committee is directed to re-
consider the matter with other material available on record apart
from the affinity test, including the documents related to Petitioner's
cousin grandfather and great grandmother as indicated above and
pass appropriate order, within a period of 3 months, subject to other
time bound directions.
(iii) This Court has not considered the Petitioner's caste claim on
merits and the same shall be decided on its own merits in accordance
with law and in light of the aforesaid judgment of the Supreme Court
of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti (supra).
10. Writ Petition is disposed of in the aforesaid terms.
(M.M.SATHAYE, J.) (NITIN JAMDAR, J.)
Sneha Chavan
