Bombay High Court
Lakhan Sukhdev Mane vs State Of Maha. Thr. Secretary And Ors on 1 August, 2025
2025:BHC-AS:35792-DB
Digitally
signed by
RAMESHWAR
RAMESHWAR LAXMAN
LAXMAN DILWALE
DILWALE Date:
2025.08.20 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
12:27:01
+0530 CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12993 OF 2023
Lakhan Sukhdev Mane. .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. Danish Patel i/b. Ms. Vaishali Suryawanshi, for the Petitioner.
Mr. Vikas M. Mali, AGP for Respondent Nos.1 to 3-State.
CORAM : SHREE CHANDRASHEKHAR &
MANJUSHA DESHPANDE, JJ.
DATE : 1st AUGUST 2025
Per, Shree Chandrashekhar, J. :
The petitioner who claims that he belongs to the Scheduled Tribe "Koli Mahadev" is aggrieved by the order dated 24 th August 2022 by which the Sub- Divisional Officer, Solapur dismissed his application seeking the Scheduled Tribes Caste Certificate. The Appeal prefferd by him before the Scheduled Tribes Certificate Scrutiny Committee, Pune was also rejected by an order dated 9th February 2023 observing that it was for the petitioner to prove that he belongs to "Koli Mahadev" but he failed to discharge the burden by producing any proof or document prior to 1950.
2. In the order dated 24th August 2022, the Sub-Divisional Officer held as under:
"Whereas, Shri Lakhan Sukhadeo Mane, r/at- Save, Taluka - Sangola, District - Solapur has submitted to this office an application mentioned at Sr. No. 1 for issuing a certificate of being belonging to Scheduled Tribe Koli Mahadev. In pursuance of the said application, hearing was conducted on the date 23.08.2022 and Shri Lakhan Sukhadeo Mane was present for the said hearing. The Applicant did not producedother proofs besides the documents mentioned hereinbelow:1/17
Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: Sr. Particulars of documents Number Relation Remark No. and Date with the Cantdiat e
1. School Leaving Certificate S. R. No. Self Date of Birth of Lakhan Sukhadeo Mane, 1687 01.06.1994 issued by Shrinath Date Admitted in School Secondary and Higher 01.04.2015 on the date Secodary Vidyalaya, 07.08.2010 Borgaon, Taluka -
Malshiras, District -
Solapur, having caste mentioned therein as Mahadev Koli.
2. School Leaving Certificate S. R. No. Paternal Date of Birth of Rakhmabai Bhagwan 240 Aunt 01.06.1948 Mane, issued by the Z. P. P. Book No. Admitted in School School, Save, Taluka - 1/2 on the date Sangola, District - Solapur, Dated 02.08.1954 having caste mentioned 10.02.2015 therein as Koli Mahadev.
3. Affidavit -- -- --
Besides the aforesaid documents, he has submitted Aadhaar Card and Self-Declaration. In the proofs produced as mentioned hereinabove, a caste is mentioned as Mahadev Koli in the School Leaving Certificate of the candidate. On perusing the said certificate, the date of birth is mentioned therein as 01.06.1994 and, hence, the said proof cannot be held as valid proof for deemed date On perusing the School Leaving Certificate of the paternal aunt of the Applicant, the date of birth is mentioned therein as 01.06.1948. However, the date on which she was admitted in the School is mentioned as 02.08.1954. The said proof is proper as a valid proof 2/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: prior to the deemed date but the Applicant has not produced any other concrete proof in support thereof.
The Applicant has failed to produce any other concrete proof besides the said proof for proving that he belongs to Koli-Mahadev Caste.
And Whereas, it is prescribed in Section 8 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 that when an application is made for the issuance of Caste Certificate in respect of Scheduled Castes, Scheduled Tribes, De- notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category, the burden of proving that the person belonged to such Caste, Tribe or Category shall be on such Claimant -Applicant seeking the Caste/Tribe Certificate.
However, the Applicant has not produced any concrete documentary proof to prove his claim that he belongs to the Tribe viz. Koli-Mahadev (S.T.). Moreover, if earlier, any Caste Certificates of Koli- Mahadev (ST-2...) have been issued to the relatives of the Applicant then, the Applicant has not produced in this matter, any proof for having getting carried out the verification of the Caste Certificate, in a prescribed manner.
Therefore, the Application of the Applicant cannot be allowed. Moreover, according to me, the proofs produced by the Applicant are not sufficient to issue the certificate of Koli-Mahadev Tribe."
3. The Scheduled Tribes Certificate Scrutiny Committee while dismissing the statutory Appeal preferred by the petitioner observed as under:
" 3) When all the documents submitted by the Appellant before this Committee were perused, no concrete evidence of whatsoever nature issued prior to the year 1950, was noticed during the course of the hearing. Moreover, even the Appellant could not establish before the Committee, his claim about his caste.
4) As per the provisions of Section 8 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Castes, Nomadic Tribes and Other Backward Class or Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, if an application under Section 3 for issuance of a Caste Certificate in respect of Scheduled Caste, Scheduled Tribe, De-notified Caste, Nomadic Tribe, Other Backward Class or Special Backward Category is submitted to the Competent Authority, then in that case and in the case of any enquiry conducted by the Competent Authority or Scrutiny Committee or the Appellate Authority 3/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: under this Act or in the case of any trial of any offence under this Act by the Authority in that regard or in the case of any trial of any offence under this Act, the burden of proving that the person belonged to such Caste, Tribe or Class shall be on such claimant applicant. Although it is the responsibility of the Appellant in the present matter to prove the same as per the provisions of this Act, it is seen from the Order passed by the Respondent that, the Appellant has failed to prove his claim before the Respondent.
5) Similarly, it is seen from the Orders passed by the Competent Authority that he has exactly followed the procedure that has been laid down under Section 4 of the Maharashtra Act No. 23 of 2001.
Order The Order bearing the Outward No. S. R./37/2022, dated 24.08.2022 of the Respondent, rejecting to issue a Certificate in respect of the Scheduled Tribe viz. Koli Mahadeo to the Appellant is lawful and proper and the said Order is upheld by this Order. Therefore, the Appellant's Appeal preferred before this Committee is rejected by this Order."
4. Mr. Danish Patel, the learned counsel for the petitioners referred to Rule 4 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 (in short, Maharashtra Scheduled Tribes Rules) to challenge the impugned orders passed by the Sub-Divisional Officer and by the Scheduled Tribes Certificate Scrutiny Committee on the ground that there is no mandatory requirement under any Statute, Rules, Regulation etc. for furnishing a pre-Presidential Notification document for grant of a Scheduled Tribes Caste Certificate and in appropriate cases the claimaint canbe granted the Scheduled Tribes Caste Certificate provided he furnishes plausible reason for not possessing such a document. The learned counsel referred to the decision in "Rohit Uttam Mane v. State of Maharashtra & Ors." (Writ Petition No.14646 of 2024) wherein a Co-ordinate Bench of this Court while seized with a similar situation passed the following order :
"5. It is a settled law that while granting a Tribe Certificate, it should be assessed as to whether some of the paternal relatives of the claimant have been granted the Tribe Certificate. In the present case, in paragraph no. 5 of the impugned order dated 23/02/2024, issued by the Competent 4/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: Committee, the relationship of the Petitioner with Sayaji Kundalik Mane and Vijay Ganapat Mane, has not been denied or contradicted. The reason for refusal of the Tribe Certificate is unsustainable. These two persons have been granted the Tribe Certificate, which would be subject to the inquiry by the Caste Validity Committee, as and when such a claim is put forth.
6. Needless to say, if the Petitioner is to be granted the said Tribe Certificate, the same would also be subject to the detailed inquiry as is engrafted in the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes And Special Backward Category (Regulation Of Issuance And Verification Of) Caste Certificate Act, 2000 (for short "the said Act")."
5. On the other hand, Mr. Siddheshwar Kalel, the learned State counsel referred to sub-Rule (2) to Rule 5 of the Maharashtra Scheduled Tribes Rules which provides that if the petitioner intends to obtain Caste Certificates on the basis of a precedent then he has to submit the application in form "C" as he intends to seek reliance on the Caste Certificate issued to their near relative.
6. The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter referred to as the Maharashtra Caste Regulation and Verification Act) was published in the Maharashtra Government Gazette on 23rd May 2001 and enforced with effect from 18 th October 2001. This State legislation was enacted for regulating the issuance of the Caste Certificates and verification thereof in case of the persons belonging to a special caste category mentioned in the long title of the Maharashtra Caste Regulation and Verification Act. The competent Authority as defined under Clause (b) to section 2 shall be an Officer or Authority authorised by the Government by a notification in the Official Gazette to issue a Caste Certificate for such area or for such purposes as may be specified in the notification. The expression 'Vimukta Jatis' refers to the tribes which are declared de-notified tribes by the Government from time to time. The "Nomadic Tribes" are identified as the one which wander from place to place in search of livelihood. The socially and 5/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: educationally backward classes of citizens as declared by the State Government are called "Other Backward Classes". Clause (h) provides that the Other Backward Classes declared by the Government of India in relation to the State of Maharashtra are also included in that category. Similarly, the "Special Backward Category" constitutes such class of citizens who are socially and educationally backward and declared as a special backward category by the Government of Maharashtra. The persons claiming to be Scheduled Caste and Scheduled Tribe shall fall under such category provided they are covered under the meanings respectively assigned under Clauses 24 and 25 of Article 366 of the Constitution of India.
7. Clause 24 to Article 366 defines "Scheduled Castes" to mean such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purpose of the Constitution. "Scheduled Tribes" is defined under Clause 25 to mean such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of the Constitution. In this context, we may refer to Article 341 which provides that the President may with respect to any State or Union territory and where it is a State, after consultation with the Governor by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be. Similarly, in exercise of powers under Article 342, the President may with respect to any State or Union territory and where it is a State, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of the Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.
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8. An application for a Caste Certificate by any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes or Special Backward Category persons who seek to produce a Caste Certificate in order to claim the benefits of any reservation provided to such castes, tribes or classes, either in any public employment or for admission into any educational institution, or any other benefits under any special provisions made under Clause (4) of Article 15 of the Constitution of India or for the purposes mentioned under section 3 of the Maharashtra Caste Regulation and Verification Act are required to apply in such form and in such manner as may be prescribed by the competent Authority for issuing a Caste Certificate. Section 4 provides that whenever an application is made under section 3, the competent Authority shall issue a Caste Certificate within such time limit but after satisfying itself about the genuineness of the claim and following the procedure as prescribed, in such form as may be prescribed or reject the application for the reasons to be recorded in writing. Sub-section (2) to section 4 provides that a Caste Certificate issued by any person, Officer or Authority other than the competent Authority shall be invalid. It further provides that the Caste Certificate issued by the competent Authority shall be valid subject to verification and grant of validity certificate by the Scrutiny Committee. The use of the expression "only" in sub-section (2) gives sufficient indication to the legislative intendment that a Caste Certificate shall be valid only upon its verification and grant of validity certificate by the Scrutiny Committee. Any person aggrieved by an order of rejection by the competent Authority passed under sub-section (1) of section 4 may prefer an Appeal within 30 days from the date of receipt of the order to the appellate Authority specified by the Government by a notification in the Official Gazette. Upon filing of an Appeal under section 5, the appellate Authority may pass an order confirming or rejecting the order upon satisfying itself about the genuineness or otherwise of the claim of the applicant who shall be given an opportunity to justify his claim of belonging to a particular caste, race or tribe or part of or groups of such 7/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: caste, race or tribe. In cases where a Caste Certificate has been issued by the competent Authority, the same shall be examined by the Scrutiny Committee constituted under section 6 by a notification in the Official Gazette and the Scrutiny Committee so constituted under section 6 shall have a separate area of jurisdiction. The application for verification of the Caste Certificate shall be made in such form and manner as may be prescribed. It is further provided under sub-section (3) to section 6 that the appointing Authority including the Public Sector Undertakings, Education Institutions, Co-Operative Societies or any other Government-aided Institutions shall make an application for verification of the Caste Certificate and issuing of a validity certificate of the person who is selected for appointment with the Government, Local Authority, Public Sector Undertakings, Educational Institutions, Co-Operative Societies or any other Government-aided Institutions. Section 7 provides for confiscation and cancellation of a false Caste Certificate. A person who is found not belonging to any Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes or Special Backward Category if had obtained false Caste Certificate to the effect that either he or his children belong to such castes, tribes or classes then the Scrutiny Committee may suo moto, or otherwise call for the records and enquire into the correctness of such Caste Certificate. Section 7 further provides that the Scrutiny Committee if forms an opinion that the Caste Certificate was obtained fraudulently then an order for cancellation and confiscation of the Caste Certificate may be passed after following the prescribed procedure and giving the person an opportunity of hearing. Sub-section (2) to section 7 provides that an order passed by the Scrutiny Committee shall be final and can be challenged only before the High Court under Article 226 of the Constitution of India.
9. Having regard to a different procedure to be followed by the Scrutiny Committee for verification of the Scheduled Tribes Caste Certificates, the State Government decided to frame separate Rules for the issuance and verification of the Scheduled Tribes Caste Certificate and such Rules have been framed in 8/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: exercise of the powers conferred under section 18 of the Maharashtra Caste Regulation and Verification Act to be called as the "Maharashtra Scheduled Tribes (Regulations of issuance and Verification) Certificates Rules, 2003". Rule 4 lays down the procedure for grant of the Scheduled Tribes Caste Certificate and the provisions thereunder are extracted hereinbelow:
"RULE 4. Procedure to be followed by Competent Authority for grant of certificate or rejection of application for Scheduled Tribe Certificate.
(1) The Competent Authority shall have jurisdiction to issue Scheduled Tribes Certificate in respect of an applicant who himself or whose father/grand father was ordinarily residing within the territorial jurisdiction of that Competent Authority on the date of notification of the Presidential Order scheduling that particular Tribe. (2) In case the applicant or his father/grand father was not ordinary resident of any place within the jurisdiction of that Competent Authority, temporary residence of applicant for the purposes of service, employment, education or confinement in jail etc. within the territorial jurisdiction of the Competent Authority, shall not confer jurisdiction on that Competent Authority to issue Scheduled Tribe Certificate. (3) On receipt of the application under section 3 of the Act, the Competent Authority shall ensure that the applicant has furnished complete information in all respects and shall give the acknowledgement with the date or receipt of the application alongwith the list of documents furnished by the applicant with the application. (4) The Competent Authority shall maintain a register of such applications in Form B. (5) The Competent Authority shall scrutinise the claim of the applicant and shall satisfy himself about the genuineness of the claim. (6) The Competent Authority shall verify the documents with the original documents and if satisfied about the correctness of the information, documents and evidence furnished by the applicant he shall issue the Scheduled Tribe Certificate in Form C within fifteen days from the date of receipt of the duly completed application. (7) The lists of the applicants to whom the Scheduled Tribe Certificates have been issued or, as the case may be, rejected, during a month, shall be displayed on the notice board of the office of the Competent Authority by the 5th day of the next succeeding month and certificate to that effect shall be recorded in the register.
(8) Each such certificate shall bear,-
(a) Serial number of the Scheduled Tribe Certificate issued by the competent Authority;9/17
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(b) Signature and official seal of the Competent Authority;
(c) Serial number of the Scheduled Tribe mentioned in the list of the Presidential Order as well as title of the Order;
(d) Name and designation of the officer, acting as the Competent Authority, below his signature;
(e) Date and place of issuance of Certificate;
(9) If the Competent Authority is not satisfied with the claim of the applicant on the scrutiny of evidence produced, the Authority may, after recording reasons therefor, order a further enquiry as he deems fit. For conducting the inquiry, the Competent Authority shall issue a notice, giving a clear fifteen days period from the date of issue of the notice, to the applicant or any other person concerned for attending the enquiry proceedings.
(10) Where a person on whom a notice is served under sub-rule (9) by the Competent Authority fails to appear before it, on the date mentioned therein, the Competent Authority shall give one more opportunity to him and then decide the application as well as objections raised, if any, on merits of the case.
(11) Where the applicant fails to appear before the Competent Authority, the Competent Authority shall complete the enquiry within a period of thirty days from the date of the order of enquiry.
(12) After considering the evidence produced by the applicant or any other person on his behalf, and the statement of the applicant and after taking into account the material gathered by the Competent Authority, if the Competent Authority is satisfied about the genuineness of the claim, he shall grant the Scheduled Tribe Certificate to the applicant within a period of forty-five days from the date of the application. In case the authority is not satisfied, he may reject the application after recording reasons therefor.
(13) In case of the rejection of the application, the Competent Authority shall give a copy of the Order, free of cost, immediately, after passing of the Order, to the applicant and obtain an acknowledgement thereof. The Competent Authority shall specifically state below the operative part of the Order, that the applicant has a right to appeal and shall mention about the appellate authority and the period of limitation for appeal."
10. Rule 5 provides for grant of the Scheduled Tribes Caste Certificate to the migrated persons as is the case of the present petitioner. The provisions thereunder are extracted hereafter :
"RULE 5. Grant of Scheduled Tribe Certificate to migrated persons.
(1) Migration from other States to Maharashtra State:-
(a) The Competent Authority, if satisfied, may issue Scheduled Tribe Certificate, in FORM C 1 to an applicant who has migrated to Maharashtra State from any other State or Union Territory, on 10/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: production of the Scheduled Tribe Certificate issued to his father or grandfather by the concerned Competent Authority of that State.
(b) If the Competent Authority feels that before issuing such a Scheduled Tribe Certificate a detailed enquiry is necessary, he may do so through the applicant's State of origin.
(c) A Scheduled Tribe Certificate holder who has migrated to Maharashtra from the State of his origin for the purpose of seeking education, employment etc., will be deemed to be Scheduled Tribe of the State of his and will be entitled to derive benefits from the State of his origin and not from the State of Maharashtra.
Explanation.- For the purpose of sub-rule (1), "Migrant from other State" means-
(i) a person who has migrated to Maharashtra State from any other State/Union Territory on or after the First Presidential Order i.e. 6th September 1950;
(ii) a person whose tribe is scheduled as a Scheduled Tribe in his original State, but not in Maharashtra State and the person whose tribe is scheduled as Scheduled Tribe in Maharashtra State as well as in his original State having his ordinary residence on the date of the notification of Presidential Order scheduling his tribe has been in the State/Union Territory other than Maharashtra would both be treated as migrants.
(2) Migration from one district to another district or from the jurisdiction of one Competent Authority to another within the State,-
(a) The competent Authority if satisfied may issue Scheduled Tribe Certificate in Form C to an applicant who has migrated from one district to another district or from the jurisdiction of one Competent Authority to another, within the State, on production of the Scheduled Tribe Certificate issued to his father or grandfather, by the concerned Competent Authority of that district.
(b) Competent Authority shall issue Scheduled Tribe Certificate in Form C to an applicant of other district from which he had migrated to the present place, on the production of the Scheduled Tribe Certificate issued to his father or grandfather by the then Competent Authority of the district of his father or grandfather's origin at the time of passing of the first Presidential Order dated the 6th September 1950 or thereafter, for Scheduled Tribes.
Explanation.- For the purpose of this sub-rule "Migrant within the"
means-
(i) the persons who have migrated from one district to another 11/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: district or the jurisdiction of one Competent Authority to another within the State on or after the first Presidential Order dated the 6th September 1950 for Scheduled Tribes and whose parents had been the ordinary residents of Maharashtra State.
(ii) in the case of persons born after the first Presidential Order dated 6th September 1950, the place of ordinary residence for the purpose of acquiring Scheduled Tribes status, shall be the place of permanent abode of their father, grandfather at the time of the notification of the Presidential Order for Scheduled Tribes. (3) The provisions of sub-rules (9) to (13) of rule 4 shall mutatis mutandis apply in respect of the rejection of application of a migrated person."
11. This is the statutory scheme that provides under Rule 3 that a person claiming himself to belong to any of the Scheduled Tribes shall submit application in Form-A to the competent Authority for obtaining a Scheduled Tribes Caste Certificate. The applicant is required under sub-Rule (2) to provide
(a) the particulars of the Scheduled Tribes, Tribal community part or group of Tribes to which he claims to belong (b) his religion (c) his original place from which he hails (d) a declaration whether he had applied for a Scheduled Tribes Caste Certificate in the State of Maharashtra or in any other State (e) whether the Scheduled Tribes Caste Certificate was issued or refused to any of his near relatives in the State of Maharashtra or in any other State. There are further requirements under sub-Rule (3) which requires that the attested copies of the following documents shall be furnished:
"(a) (i) extract of the Birth Register in respect of applicant, his father, elderly relatives from paternal side;
(ii) extract of the Primary School Register of the applicant, father or grand father, if available; and
(iii) Primary School leaving certificate of the applicant and his father;
(b) documentary evidence in regard to the Scheduled Tribe and ordinary place of residence prior to the date of notification of such Scheduled Tribe;
(c) an extract of service record (book), the Tribe of the applicant's father or bloodrelatives who are in Government or any other services;
(d) validity certificate, if any, of the father or real uncle or any other elderly relatives from paternal side of the applicant granted by the scrutiny Committee;
(e) record or village panchayat record if any; and 12/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 :::
(f) other relevant documentary evidence, if any.
(4) If the applicant is unable to produce any one or more of the documents mentioned in clauses (a) to (f), in such cases, the applicant shall state reasons therefor in his affidavit and the Competent Authority may consider the same and after conducting enquiry as he deems fit, shall decide the claim on merit."
12. The Sub-Divisional Officer referred to section 8 of the Maharashtra Caste Regulation and Verification Act and observed that it is for the applicant to discharge the burden to demonstrate that he belongs to Scheduled Caste by producing documents and evidence in that behalf. The petitioner produced a copy of the Caste Certificate issued in the name of his aunt Rakhmabai Bhagwan Mane, according to which his aunt belongs to Scheduled Tribe "Mahadev Koli", but the Sub-Dicvisional Officer declined to issue Schedule Caste Certificate of "Koli Mahadev" on the ground that the petitioner did not submit any document or conclusive proof that his aunt's Caste Certificate was validated as prescribed under the law and he failed to establish that he belong to "Koli Mahadev".
13. As noticed above, provisions have been made under the statutory regime to obtain Caste Certificate in order to claim the benefit of any reservation provided to such castes, tribes or classes for taking any public employment, seeking admission in any educational institution or any other benefit under any special provision made under Clause 4 of Article 15 of the Constitution of India. Section 4 of the Maharashtra Caste Regulation and Verification Act mandates that the competent Authority on being satisfied about the genuineness of the claim made by the applicant shall issue a Caste Certificate after following the procedure prescribed and within such time limit as may be prescribed or reject the application for reasons to be recorded in writing. Under section 6, the Government is required to constitute one or more Scrutiny Committee for verification of the Caste Certificates issued by the competent Authority under sub-section (1) of section 4. In relation to the persons belonging to the 13/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: Scheduled Tribe, the Maharashtra Scheduled Tribes Rules lay down the procedure to be followed by the applicant and the competent Authority for grant of certificate or rejection of application for Scheduled Tribes Caste Certificate. The learned State counsel referred sub-Rule (2) to Rule 5 of the Maharashtra Scheduled Tribes Rules which provides that the person who migrated from one district to another district or from the jurisdiction of one competent Authority to another within the State may submit his application and the competent Authority on being satisfied may issue Scheduled Tribes Caste Certificate in form "C" on production of the Scheduled Tribes Caste Certificate issued by the concerned competent Authority of that district to his father or grandfather. Before that, sub-Rule (2) to Rule 4 provided that the competent Authority shall not have any jurisdiction to issue the Scheduled Tribes Caste Certificate if the applicant or his father or grand father was not ordinarily residing in any place within his jurisdiction and temporary residence of the applicant for the purpose of service, employment, education etc., shall not be a ground to entertain an application on his behalf for issuance of Scheduled Tribes Caste Certificate. The procedure to be followed by the competent Authority for grant of Scheduled Tribes Caste Certificate has been laid down under Rule 4. It is provided therein that the competent Authority shall issue a Scheduled Tribes Caste Certificate in Form-C within 15 days from the date of receipt of the duly completed application which shall contain the details of the documents required under sub-Rule (3) to Rule 2. It is further provided under sub-Rule (12) of Rule 4 that the competent Authority shall grant the Scheduled Tribes Caste Certificate within a period of 45 days from the date of the application, after causing an inquiry as deem fit, and if he is satisfied on considering the evidence produced by the applicant and the materials gathered by him about the genuineness of the claim. Sub-Rule (3) to Rule 3 provides that the applicant shall furnish (i) extract of Birth Register in respect of his own birth or relating to his father or elderly relatives from paternal side, extract of Primary School admission register and his own or his 14/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: father or his grand father alongwith primary school leaving certificate of son or his father, (ii) documentary evidence regarding Scheduled Tribe and his ordinary place of residence prior to date of notification of such Scheduled Tribes, (iii) service record mentioning the applicant's father's or blood relatives', tribe who are in Government or any other services, (iv) validity certificate of father or real uncle or any other elderly relatives from parental side granted by Scrutiny Committee, (v) revenue record or the village panchayat record or any other relevant documentary evidence. The learned counsel for the petitioner contended that the rejection of the application for the Scheduled Tribes Caste Certificate to the petitioner reflects non application of mind on the part of the Sub-Divisional Officer and the appellate Authority overlooked the fact that the competent Authority did not adhere to procedural fairness. On this issue, the learned counsel for the petitioner further submitted that sub-Rule (4) provides an opportunity to the applicant to file an affidavit stating the reasons for not producing any one or more of the documents mentioned under Clauses (a) to
(f) to sub-Rule (3) but no such opportunity was given to the petitioner. We also find that no inquiry as contemplated under the Rules was held but the Scheduled Tribes Certificate Scrutiny Committee dismissed the Appeal merely observing that the petitioner had failed to produce any documentary evidence prior to 1950. Whereas, Rule 4 provides that if the applicant furnishes reasons in his affidavit as to why he was unable to produce any one or more of the documents, the competent Authority may hold an enquiry as he deems fit and consider the explanation offered by the applicant in his affidavit and then decide the claim on merits. This is also relevant to note that the caste entries of the Scheduled Tribe people in the various old records of real Mahadeo Koli are also found as Koli but the Scheduled Tribes Certificate Scrutiny Committee did not verify the culture, traditions, costumes, surnames, marriages systems, festivals, way of worship and goddess etc. of the petitioner and did not afford him opportunity to establish his affinity towards the Scheduled Tribe Mahadeo Koli. The Constitution of India permits protective discrimination and provides 15/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: for reservations in admissions and public employments so as to enable the disadvantaged group to come on the same platform as that of the other community. The competent Authority and the Scheduled Tribes Certificate Scrutiny Committee have to be very cautious to ensure that any person, who is not entitled to, does not take the advantage of the beneficent provisions in the Constitution by obtaining the benefits of reservation and other benefits provided under the Presidential Order but, at the same time, the statutory Authorities must not act in an arbitrary manner to deprive the persons belonginging to the Scheduled Tribes their rightful claim.
15. Notwithstanding the facts aforementioned, the impugned orders are passed in a mechanical manner and without a proper application of mind. The discharge of quasi-judicial function is not meant as a matter of usage for the rituals' sake. There are important principles of law that guide a quasi-judicial decision. An order of the quasi-judicial Authority must be characterized by due care and consideration of relevant facts. A mechanical or casual approach signifies non-application of mind which may render the decision legally infirm. The expression "non-application of mind" refers to an order which does not furnish the reasons germane to the issues in question and fails to take note of the relevant statutory provisions. It also refers to a situation where a quasi- judicial Authority makes a decision or order ignoring the relevant facts, evidence and legal principles. It essentially means that the quasi-judicial Authority acted mechanically or arbitrarily rather than through a reasoned and informed process. The absence of reasons, failure to consider relevant facts, or ignoring the respondent's explanation are the factors that give a prima-facie indication that the order under challenge was a result of non-application of mind. Therefore, ensuring detailed recording of the reasons, a conscious consideration of all relevant materials and proper consideration of the facts and circumstances in the case are essential to withstand the legal scrutiny.
16. Having regard to the discussions herein above, this Court is satisfied that the impugned order dated 9th February 2023 passed by the Scheduled Tribes 16/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 ::: Certificate Scrutiny Committee, Pune does not sustain a scrutiny in law and is, therefore, quashed. The matter is remitted to the Scheduled Tribe Certificates Scrutiny Committe, Pune for taking a fresh decision on the basis of the materials placed on record. The petitioner shall also have liberty to produce additional documents, if any, by filing an additional affidavit before the Committee.
17. Writ Petition No.12993 of 2023 is allowed in the above terms and to the aforesaid extent.
[ MANJUSHA DESHPANDE, J. ] [ SHREE CHANDRASHEKHAR, J. ] 17/17 Kartikey Goti, PA / Rameshwar Dilwale, PA ::: Uploaded on - 20/08/2025 ::: Downloaded on - 22/08/2025 21:57:30 :::