Ajay Santosh Thakur v. Union Of India And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7723 OF 2020 SANTOSHKUMAR MADHAVRAO THAKUR

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, NANDURBAR ...

Advocate for Petitioner : Mr. Digambar B. Shinde AGP for Respondent : Mr. S. B. Pulkundwar WITH WRIT PETITION NO. 7224 OF 2020 AJAY SANTOSH THAKUR

VERSUS

UNION OF INDIA AND ANOTHER ...

Advocate for Petitioner : Mr. Digambar B. Shinde Advocate for Respondent No.1 : Ms. Sudha Chintamani AGP for Respondent - State : Mr. S. B. Pulkundwar ...

CORAM : S. V. GANGAPURWALA AND B. U. DEBADWAR, JJ.

DATE : 20th NOVEMBER, 2020 PER COURT :

The petitioner in both the writ petitions are father and son respectively. Tribe claim of the petitioners, as belonging to 'Thakur' scheduled tribe, are invalidated.

The petitioners rely on the validity certificate issued in favour of Jayshree Madhukar Thakur and Shailesh Madhukar Thakur. The tribe claim of Jayshree was invalidated by the

committee. She filed Writ Petition No. 2206 of 1994 before this Court. This Court under its judgment and order dated 20-07-1994, allowed the Writ Petition No. 2206 of 1994 of Jayshree Madhukar Thakur, thereby set aside the order passed by the Scrutiny Committee and directed to issue validity certificate to the said Jayshree as belonging to 'Thakur' scheduled tribe. Shailesh Madhukar Thakur is issued with the validity certificate by the Additional Commissioner, Tribal Development, Nashik, in Appeal No. 154 of 1989.

The contention of Mr.

Pulkundwar, learned AGP predominantly is that the petitioners do not belong to the area of districts where the Thakur community originates and for that purpose, he relies on the judgment delivered by the Division Bench of this Court in Writ Petition No. 8567 of 2018, dated 07-10-2019. According to the respondents, the petitioners have also failed in the affinity test.

4.

From the judgment of the Committee, we do not find that the Committee has disputed the relation of petitioner with Jayshree and Shailesh. They are paternal relatives. They appear to be second degree cousins. The committee observed that the High Court in case of Jayshree has allowed the petition on the basis of the judgment in appeal in case of her brother Shailesh.

5.

The judgment of the High Court in case of Jayshree directing to issue caste validity certificate of Thakur scheduled tribe holds the field. It is not for the Committee to sit over the judgment of this Court. The Committee, of course, could have taken steps for review of the judgment in case of Jayashree, but has not done so and the judgment in case of Jayashree Madhukar Thakur delivered by the Division Bench of this Court in Writ Petition No. 2206 of 1994 filed by her is holding the field.

6.

Moreover, the relationship of Jayshree with the petitioner as paternal cousin is not disputed. The judgment of the High Court in case of Jayshree will have to be followed. We do not find any contra evidence on record right from 1936. The school record in the case of the petitioner, his father, grandfather appear as Thakur. The list is reproduced as under :- Sr.

No.

Nature of documents Name Caste recorded Date of admission Relation with the applicant Remarks as / Birth / Death Caste Certificate Santosh Kumar Madhavrao Thakur Thakur 5.1.2002 Self School Leaving Certificate Santosh Kumar Madhavrao Thakur She. Tra.

(Thakur) 31.7.1979 Self An extract of school admission register Santosh Kumar Madhavrao Thakur She. Tra.

(Thakur) 31.7.1979 Self

4.

Birth certificate Santosh Kumar Madhavrao Thakur Hindu 4.10.1974 Self 5.

School Leaving certificate Santosh Kumar Madhavrao Thakur S.T.

Thakur 24.6.1988 Self 6.

School Leaving Certificate Santosh Kumar Madhavrao Thakur S.T.

Thakur 6.9.1993 Self 7.

First page of service book Santosh Kumar Madhavrao Thakur S.T.

Thakur - Self 8.

School Leaving Certificate Madhavrao Baburao Thakur Thakur 1.10.1936 Father 9.

An extract of school admission reg.

Madhavrao Baburao Thakur Thakur 1.10.1936 Father

10. First page Madhavrao Baburao Thakur Thakur (Hindu) - Father of service book

11. School Tarabai Madhavrao Thakur Thakur 3.7.1976 Sister Leaving Certificate

12. School Chindhu Baburao Thakur Thakur 1.9.1919 Paternal Uncle Leaving Certificate

13. School Pundalik Baburao Thakur Thakur 6.8.1929 Paternal cousin Leaving Certificate 7.

In light of the above, more particularly considering the facts of the case, in the absence of contra evidence and the judgment of this Court in the case of paternal cousin of the petitioner Jayshree Thakur in Writ Petition No. 2206 of 1994, dated

20-07-1994, we find no reason to disbelieve the petitioners' claim as 'Thakur' scheduled tribe. In the result, we allow the petition and pass the following order.

ORDER

The impugned judgments are quashed and set aside. The Scrutiny Committee shall issue validity certificate to the petitioners of Thakur, Scheduled Tribe, immediately. The writ petitions are disposed of. No costs. (B. U. DEBADWAR, J.) (S. V. GANGAPURWALA, J.) SVH