Narayan S/O Vinayak Ratul v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13551 OF 2022 Narayan s/o Vinayak Ratul ....Petitioner

Versus

The State of Maharashtra & Anr.

....Respondents Mr. Sushant Y. Jinturkar, for the Petitioner. Mr. S.B. Kalel,AGP for Respondent - State CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATE : 16th NOVEMBER, 2022.

P.C. :

1.

The caste claim of the petitioner as belonging to Thakar Scheduled Tribe is invalidated.The learned counsel for the petitioner submits that the father of the petitioner is issued with the validity certificate of Thakar Scheduled Tribe. The learned counsel submits that there is not a single contra entry on record. All the documents, right since the year 1921, in respect of the cousin grand-father of the petitioner records the caste as Thakar.

2.

Learned AGP submits that the petitioner has failed in the affinity test. One paternal cousin's claim of the petitioner was invalidated in the 1/5

year 2013. It is submitted by the learned counsel for the petitioner that the father of the petitioner, after vigilance, has been issued with the validity in the year 2019 and the cousin uncle in the year 2018. 3.

We have considered the submissions. We have also gone through the judgment delivered by the Committee. 4.

The Petitioner has relied upon following documents: 2/5

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5.

It would appear that the vigilance has not found any single contra entry. Thakar Magas cannot be said to be a contra entry in a strict sense. The said entry is also of the year 1977. The entries in case of the cousin grand fathers of the petitioner of the year 1921 and 1933 in the School Record is Thakar .The aforesaid chart would show that all entries, right since the year 1921, in the school records of the petitioner and sister are Thakar.

6.

The father of the petitioner and the first parental cousin of the petitioner are issued with the validity certificates of Thakar Scheduled Tribe.

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7.

In view of the consistent documentary evidence on record and the fact that the petitiner's father and uncle are also issued with the validity certificate, we pass the following orders:

ORDER

I.

The impugned order is quashed and set aside. II The Committee shall issue validity certificate to the petitioner of Thakar Shcedule Tribe immediately. 8.

The writ petition is disposed of. No costs.

(S. G. DIGE, J.) (S. V. GANGAPURWALA, J.) 5/5