Bombay High Court
Devyani D/O Gajanan Donge vs S.T. Caste Certificate Scrutiny ... on 28 March, 2025
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2025:BHC-NAG:3659-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3024/2023
WITH
WRIT PETITION NO.3026/2023
WRIT PETITION NO.3024/2023
Ku. Devyani d/o. Gajanan Donge,
Age : 19 Years, Occ. : Student,
R/o. Gopalkhed, Post Gandhigram, ...PETITIONER
Tq. & Dist. Akola.
VERSUS
1. Schedule Tribe Caste Certificate Scrutiny
Committee, Old By Pass, Chaprashipura,
Amravati Division, Amravati, Through its Vice
Chairman/Jt. Commissioner.
2. Shri. Radhakisan Laxminarayan Toshniwal,
Science College, Civil Lines Road, Akola,
Through its Principal ...RESPONDENTS
Mr. A. P. Kalmegh, Advocate for Petitioner.
Mr. I. J. Damle, Assistant Government Pleader for Respondent/State.
WITH
WRIT PETITION NO.3026/2023
Vishal S/o. Santosh Donge,
Age : 19 Years, Occ.: Student,
R/o. Gopalkhed, Post Gandhigram,
Tq. & Dist. Akola. ...PETITIONER
VERSUS
1. Schedule Tribe Caste Certificate Scrutiny
Committee, Old By Pass, Chaprashipura,
Amravati Division, Amravati, Through its
Vice Chairman/Jt. Commissioner.
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2. Shri. Shivaji College of Arts,
Commerce and Science, Akola,
Through its Principal. ...RESPONDENTS
Mr. C. M. Rathod, Advocate for Petitioner.
Mr. I. J. Damle, Assistant Government Pleader for Respondent/State.
CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.
DATE : 28.03.2025
JUDGMENT (PER : MRS.VRUSHALI V. JOSHI, J.)
1. Rule. Rule made returnable forthwith and heard finally by
consent of the learned Counsel appearing for the parties.
2. In both these petitions, the petitioners are relatives, they are
cousins and both of them have filed the petition challenging the order of
invalidation of tribe claim dated 19.05.2022.
3. The petitioners are claiming to be belonging to "Thakur"
Scheduled Tribe, which is recognized at Serial No.44 in the list of
Scheduled Tribe in Notification. The tribe claim of both the petitioners
along with necessary documents was forwarded to respondent No.1
Committee for verification. The petitioners have submitted the documents
prior to 1950 related to paternal side blood relatives of the petitioners
wherein entry in regard to caste is "Thakur". The oldest entry of caste
"Thakur" is of the year 1944. The documents submitted by the petitioners
are prior to issuance of Presidential Order, 1950. Those documents though
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having more probative value for determining the tribe claim of the
petitioners were not considered by the Caste Scrutiny Committee.
4. The vigilance cell enquiry was conducted. The petitioners
have submitted their written submissions to the show-cause notice issued
by the respondent No.1-Caste Scrutiny Committee. The petitioners have
specifically submitted that the document collected by the Vigilance Cell
Officer of the year 1921 of Madho wherein caste entry is of "Bhat" is not
related to them, on the basis of which, the caste claim of both the
petitioners was rejected. The name of forefather of the petitioner is
Moghaji and not Madho. Madho and Moghaji are different persons,
however in the Vigilance Cell Report, Moghaji and Madho are shown as
the same person and, therefore, relying on the said document, the claim of
the petitioners was rejected.
5. The learned Counsel for the petitioners has stated that in the
Kotwal Book the name of the forefather of the petitioners is mentioned as
Moghaji and caste entry of "Thakur" is recorded therein.
6. The respondent - Committee in the impugned order has
mainly placed reliance upon document of the year 1921 of caste "Bhat"
and based on the above came to the conclusion that the petitioners are not
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belonging to "Thakur" Scheduled Tribe. The Committee also by relying on
the affinity test, has rejected the tribe claim of the petitioners.
7. The learned A.G.P. relying on the order passed by the Caste
Scrutiny Committee has stated that one of the entry is of "Bhat"
community and the petitioners have not satisfied the affinity test and as
such the Court may pass appropriate order.
8. Heard the learned Counsel for the parties.
9. The petitioners have filed affidavit on record dated
25.11.2024 and submitted that the cousins of the petitioners have received
the validity certificates in view of the order passed by this Court in Writ
Petition No.5631/2023 [Vivek s/o. Santosh Donge and Anr. Vs. The Vice-
Chairman/Member Secretary Scheduled Tribe Caste Certificate Scrutiny
Committee, Amravati and Ors.]. The petitioners therein namely Vivek
Santosh Donge and Gauri Sahadeo Donge have received the validity on
the basis of same documents, which were submitted by both the
petitioners before the Scrutiny Committee. Considering the said
documents, this Court has passed the order and directed to issue validity
certificate to both the petitioners in the aforesaid petition. The petitioner
No.1 Vivek Santosh Donge is the real brother of the present petitioner
Vishal Santosh Donge and Gauri Sahdeo Donge is the cousin of both the
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petitioners. We have verified the relations of the petitioners with Vivek
and Gauri from the genealogical tree placed on record by the petitioners.
10. As per the judgment of this Court in the case of Apoorva
Nichale Vs. Divisional Caste Scrutiny Committee reported in (2010) 6
Mh.L.J. 401, if the blood relatives have received the validity certificate,
then on the basis of same, the validity certificate can be issued to the
petitioners. The petitioners have filed the documents which prove that the
great grandfather and other relatives are of "Thakur" caste and the
documents on which the Committee has relied the petitioners have denied
the relations with them and the name of those person is also not found in
the family tree. As the validity certificate is issued to the blood relatives of
both the petitioners, the petitioners are entitled for grant of validity
certificates.
11. Hence, we pass the following order :-
I] The Writ Petition is allowed.
II] The order passed by the Scrutiny Committee on
19.05.2022 is hereby quashed and set aside.
III] It is declared that the petitioners belong to "Thakur"
Scheduled Tribe. The Scrutiny Committee shall issue
validity certificate in favour of both the petitioners
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within a period of two months from the receipt of copy
of this judgment.
12. Rule is made absolute in the aforesaid terms. No costs.
(MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 08/04/2025 10:07:35
