Kisan S/O Jayaji Chavan v. The S.T. Caste Certificate Scrutiny Committee, Thr. Member Secretary, Yavatmal
2025:BHC-NAG:12494-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.8210 OF 2022 Kisan s/o Jayaji Chavan Aged about 65 years, Occ: Business, R/o Pimpalgaon Thak Bungalow, Tq. District Washim.
...PETITIONER ...V E R S U S...
The Scheduled Tribe Caste Certificate Scrutiny Committee, through its Member Secretary, Yavatmal, Taluka and District Yavatmal.
...RESPONDENT ------------------------------------------------------------------------------------------- Shri R.S. Parsodkar, Advocate for petitioner. Ms Hemlata Jaipurkar, Assistant Government Pleader for respondent. ------------------------------------------------------------------------------------------- CORAM : SMT. M.S. JAWALKAR & M.W. CHANDWANI, JJ. DATE : 17.11.2025 ORAL JUDGMENT: (Per : M.W. Chandwani, J.) 1.
Rule. Rule made returnable forthwith. Heard finally with the consent of both the parties.
2.
The petition challenges the order dated 05.08.2022 invalidating the caste claim of the petitioner who claims to be belonging to 'Thakur', which is recognized as a Scheduled Tribe under the Constitution (Scheduled Tribes) Order, 1950 on the ground of some contra-entries pertaining to the years 1910 and 1930.
3.
The petitioner applied before the respondentScheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal
(for short "Committee") for validation of his caste claim as 'Thakur'. The petitioner filed all his documents as well as the documents of his forefathers dating way back to the year 1930 showing that they belong to 'Thakur' Scheduled Tribe. During the vigilance enquiry, some documents were found having contraentries referred above. We need not delve deeper into the issue since the documents which were discarded by the Committee have already been considered by this Court in Writ Petition No.356/2025 with Writ Petition No.6070/2024 while directing the respondent to issue validity certificates to the son and grandson of the petitioner. That apart, Priti Sunil Chavhan (niece), Avinash Ashok Chavhan (cousin nephew), Ashok Haribhau Chavhan (cousin brother) and Maya Prakash Chavhan (niece) have been granted validity certificates as 'Thakur' Scheduled Tribe by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad. However, these validity certificates have been discarded by the respondent only on the ground that they were granted by the Caste Scrutiny Committee, Aurangabad.
Needless to mention that, once the validity certificate is granted to anybody, it becomes a conclusive proof of the social status acquired by that person for all the purposes in any territory where such proof is required to be submitted. Therefore, the
respondent-Committee should not have ignored those validity certificates granted to the blood relatives of the petitioner. During the pendency of the present petition, this Court has already allowed the writ petitions filed by the son and the grandson of the petitioner, thereby directing the respondent - Committee to issue validity certificates in their favour as 'Thakur' Scheduled Tribe. We do not find any reason to take a contrary view. Considering the validity certificates of the blood relatives of the petitioner including the son and the grandson, coupled with the consistent entries of 'Thakur' in the voluminous documents submitted by the petitioner, the respondent-Committee should not have relied on some of the stray entries in the documents of the so-called 'relatives' of the petitioner with whom the petitioner has denied any relation.
4.
We are of the considered opinion that the findings recorded by the respondent - Committee are contrary to Rule 12(2) of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 as well as the mandate as laid down by this Court in the case of Apoorva D/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and others 1. Therefore, the findings recorded by the 2010 (6) MhLJ 401
respondent - Committee do not stand to the reason and are required to be set aside. Resultantly, we proceed to pass the following order:
5.
The writ petition is allowed.
6.
The impugned order dated 05.08.2022 passed by the Respondent - Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal is hereby quashed and set aside. 7.
It is hereby declared that the petitioner belongs to 'Thakur' Scheduled Tribe.
8.
Respondent - Committee is directed to issue Validity Certificate to the petitioner within two months from the date of receipt of this order.
Rule is made absolute in the abovesaid terms. No order as to costs.
(M.W. CHANDWANI, J.) (SMT. M.S. JAWALKAR, J.) Wagh