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Pradip Bhimrao Nichale And Another vs Scheduled Tribe Caste Certificate ... on 28 August, 2018

WP 2465,2467.21 3 According to the learned counsel for the petitioners it is mandatory to issue Caste Validity Certificate if the validity is already issued to blood relatives of the petitioners. Reliance is placed on the judgment of the Honourable Supreme Court in the case of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee and others, reported in, 2010 (6) Mh.L.J. 401. It has been submitted that the Caste Validity Certificates produced on record of blood relatives have been overlooked.

Anand vs Committee For S.&V. Of Tribe Claims &Ors on 8 November, 2011

6. The relationship of the petitioners with the validity holders as claimed by them is not disputed. There are paternal relatives of the petitioners, who are issued with the validity certificates of "Thakur Scheduled Tribe". The same is relevant fact. The affinity test is not litmus test for establishing the link of the petitioners with a scheduled tribe as enunciated by the Honourable Supreme Court in the case of Anand (supra). Area restriction has been removed pursuant to the presidential Order of Scheduled Tribes (Amendment) Act, 1976.
Supreme Court of India Cites 7 - Cited by 341 - D K Jain - Full Document

Pandurang Sakharam Pawar vs Under Secretary To Government Of ... on 16 February, 1981

5. The learned counsel for the petitioners submits that apart from their own documents, the petitioners had produced the school record of the blood relatives wherein caste is recorded as 'Thakur'. The petitioners had also produced land records in the form as Khasra Patrak of the year 1954, National Register of Citizens of the year 1951, Lawni Patrak of 1349 Fasli i.e. of the year 1939 to substantiate their claim. According to the learned counsel for the petitioners, as per the practice prevailing at the relevant time, the caste 'Thakur' was mentioned in place of their surname. According to the learned counsel, all these land revenue documents did not have a caste column and as such, the documents could not be considered as misdirected itself in law. It is no doubt, true that there is no Caste-Tribe column in these documents. The very fact, however, that the persons are identified by the word 'Thakur' which is Notified Scheduled Tribe would by itself be a strong factor in favour of the petitioners. All these aspects are highlighted in the case of Shri Prasad s/o Sakharam Pawar Vs. The State of Maharashtra and Others in Writ Petition No.4514 of ::: Uploaded on - 04/12/2021 ::: Downloaded on - 05/12/2021 03:59:48 ::: WP 2465,2467.21 5 2002 decided on 18 November 2003.
Bombay High Court Cites 7 - Cited by 3 - S P Bharucha - Full Document
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