Bombay High Court
Aniruddha Gopal Jawanjal vs Schedule Tribe Caste Certificate ... on 26 February, 2020
Bench: R.K.Deshpande, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 619 OF 2020
PETITIONER :- Shri Gopal Narayan Jawanjal,
Aged : 54 Yrs., Occu. Service,
R/o. House No. 186, Balaji Park,
Pimpalgaon Road, Yavatmal.
...VERSUS...
RESPONDENTS :- 1. Schedule Tribe Caste Certificate Scrutiny
Committee, Amravati Division, Old by pass
Road, Chaprashipura, Amravati, through its
Vice Chairman/Jt. Commissioner.
2. Executive Engineer, Hydrology Project
Division Nagpur, Wainganga Nagar, Ajni,
Nagpur.
WITH
WRIT PETITION NO. 620 OF 2020
PETITIONER :- Aniruddha Gopal Jawanjal,
Aged : 22 Yrs., Occu. Student,
R/o. House No. 186, Balaji Park,
Pimpalgaon Road, Yavatmal.
...VERSUS...
RESPONDENTS :- 1. Schedule Tribe Caste Certificate Scrutiny
Committee, Old by pass Road, Amravati
Division, Amravati, through its Vice
Chairman/Jt. Commissioner.
2. Government College of Engineering,
Pune, Shivaji Nagar, Pune, through its
Principal.
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Mr. A. P. Kalmegh, counsel for petitioners in both petitions
Mr. N. R. Patil, A.G.P. for respondent Nos. 1 and 2 in W.P. No.620/2020 and for
respondent No.1 in W.P. No. 619/2020
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CORAM :R.K.DESHPANDE &
AMIT B. BORKAR, JJ.
DATED : 26.02.2020.
ORAL J U D G M E N T (Per : R.K.DESHPANDE, J.)
1. Rule returnable forthwith. Heard finally by consent of
learned counsel appearing for the parties.
2. The challenge in these writ petitions is to the order
dated 20.01.2020 passed by the Scrutiny Committee, Amravati
invalidating the claim of the petitioner for 'Thakur Scheduled
Tribe' which is an entry at Sr. No. 44 in the Constitution
(Scheduled Tribes) Order, 1950. The petitioner produced before
the Committee numerous documents to substantiate the claim.
About 10 documents were produced before the Committee
pertaining to the period prior to 1950 indicating the caste of the
petitioners or their blood relatives as 'Thakur'. The Committee
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has rejected these documents on the ground that the petitioners
have failed to establish their affinity and the petitioners were
residing in the area which did not fall in the area mentioned in the
Scheduled Tribes Order prior to 1976.
3. In the decision of the Division Bench of this Court in
Prakesh S/o. Shrawan Deore .v/s. Scheduled Tribe Certificate
Scrutiny Committee, Nashik and others, reported in, 2019 (5)
Mh.L.J. 228 it has been held that in view of the decision of the
Apex Court in case of Anand .v/s. Committee For Scrutiny and
Verification of Tribe Claims and others, reported in, 2011 (6)
Mh.L.J.919, the decision in Shilpa Vishnu Thakur .v/s. State of
Maharashtra and others, reported in, 2009 (3) Mh.L.J.995 case
stands impliedly overruled. The affinity test could only used as
corroborative piece of evidence. When the documents prior to
1950 having probative value are produced on record, in respect of
which there is no dispute, the claim for 'Thakur Scheduled Tribe'
has to be accepted as is evident from the documents so produced.
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In view of the aforesaid position, both the petitions
have to succeed. The same are allowed and the following order is
passed:
ORDER
i] The order passed by the Scrutiny Committee on 20.01.2020 is hereby quashed and set aside . ii] The claim of the petitioner for 'Thakur Scheduled Tribe' which is an at Sr. No. 44 of the Constitution (Scheduled Tribes) Order, 1950 is held to be valid and proper. iii] The respondent Committee is directed to issue Caste Validity Certificate in the name of both the petitioners within a period of one month from today.
iv] Rule is made absolute in the aforesaid terms. No order as to costs.
JUDGE JUDGE
Namrata
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