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Judgment
Heard.
Rule. Rule made returnable forthwith. Heard finally by the consent of learned Counsel appearing for the respective parties.
This Petition challenges the order passed by the Respondent/Scheduled Tribe Certificate Scrutiny Committee, Nagpur, dated 25.11.2019 invalidating the caste claim of the present Petitioner belonging to 'Halba' Scheduled Tribe.
The Petitioner is an unemployed youth belongs to 'Halba' Scheduled Tribe which is included at Serial No. 19 in the list of Scheduled Tribes in Maharashtra State in Schedule of Presidential Order No. 108 of 1976 issued on 18.09.1976.
As per the contention of the Petitioner, he belongs to 'Halba' Scheduled Tribe. He was in requirement of the validity certificate and, therefore, his caste claim was forwarded for validation to the Respondent on 02.07.2018. The Petitioner relied upon the pre-constitutional documents showing his great-grandfather and grandfather since 1936 recorded as 'Halba'. The Vigilance Officer has also verified the said entries. Despite the pre-independence documents are having highest probative value, the caste claim of the present Petitioner was invalidated and, therefore, he approached to this Court.
Heard Mr. Bhise, learned Counsel appearing for the Petitioner, who reiterated the said contentions and invited our attention towards the documents of pre-independence era showing that Lakdu Tima Paounikar is grandfather, Tima Bichhu is great-grandfather and Kisna Tima Paounikar is cousin grandfather of the present Petitioner were recorded as 'Halba'. He also invited our attention towards the vigilance report and submitted that during vigilance it revealed that, the mother tongue of the present Petitioner is 'Halbi' and day to day language is also 'Halbi'. The Vigilance Committee has verified the entry in the name of Lakdu Tima Paounikar, wherein he was recorded as 'Halba'. Thus, there are consistent entries disclosing that, the forefathers of the present Petitioner were recorded as 'Halba'. Despite the consistent entries, the Committee has not considered the same and invalidated the caste claim of the present Petitioner and prayed for the validity certificate.
Per contra, Mr. Narale, learned AGP for the Respondent/Committee, strongly opposed the said contention and submitted that, during vigilance enquiry it revealed that, Lakdu Tima who was recorded as 'Halba' in Dakhal Kharij Register, however, the declaration given by him shows that he was recorded as 'Koshti'. Thus, there are contrary entries and in view of contrary entries which are collected during vigilance enquiry, the caste claim of the Petitioner was invalidated and, therefore, no interference is called for.
After hearing both the sides and on perusal of the record it reveals that, the present Petitioner is an unemployed youth. He claims that he belongs to 'Halba' and relied upon the various pre-constitutional documents. Admittedly, no validity is granted in his family. He relied upon the family tree, which is reproduced as under:
[image/exhibit omitted]
As per the said family tree, Bichhu was the original ancestor having one son Tima, who is the great-grandfather of the present Petitioner. Said Tima was having three sons and one daughter namely Lakdu, Diwadu, Kisna and Janabai. Said Lakdu was having three daughters and two sons namely Barshibai, Basanti, Punabai, Bhagwan and Gajanan. The present Petitioner is the son of Gajanan. To substantiate the claim, the Petitioner relied upon various documents including his caste certificate issued to him by the Deputy Collector, Nagpur. He was admitted in School on 01.07.1999 and at the relevant time he was recorded as 'Halba'.
Gajanan Lakdu i.e. the father of the present Petitioner, who was admitted in Ramabai Ambedkar Balabhau Peth Marathi Primary High School, Municipal Corporation Nagpur on 11.07.1973 and studied in the said School till 30.04.1976, whose birth was recorded as 02.04.1963 was also recorded as 'Halba'. The birth extract of Lakdu Tima i.e. the grandfather of the present Petitioner was recorded as 'Halba'.
The School Leaving Certificate of Bhagwan i.e. the uncle of the present Petitioner and son of Lakdu Tima Pounikar was admitted in Timki Marathi Primary High School, Municipal Corporation Nagpur on 19.07.1961 and was studied there till 18.11.1965 was also recorded as 'Halba'. The birth extract of said Bhagwan dated 01.07.1954 issued by the Municipal Corporation Nagpur was also recorded as 'Halba'.
The Petitioner placed reliance on the School Leaving Certificate of Lakdu Tima Pounikar i.e. the grandfather of the present Petitioner and son of Tima Bicchu Pounikar who was admitted in Timki Marathi Primary High School, Municipal Corporation Nagpur on 08.05.1936 and studied there till 28.04.1941, whose birth date 14.02.1930 was also recorded as 'Halba'.
The another School Leaving Certificate of son of Tima Bicchu Pounikar namely Kisna, who was admitted in the same School on 25.06.1952 and studied there till 04.05.1957 whose birth date 01.09.1945 was also recorded as 'Halba'. The entry in Dakhal Kharij Register in the name of Kisna son of Lakdu Tima Pounikar was also recorded as 'Halba'. The School Admission Register extract collected during the vigilance enquiry showing the name of Lakdu Tima Pounikar recorded as 'Halba'. The declaration given by Lakdu Tima Pounikar while admitting his son Bhagwan in the School also recorded as 'Halba'. The extract of Dakhal Kharij Register is also showing said Lakdu Tima Pounikar as 'Halba'.
Thus, it is the contention of the Petitioner that, since 1936 his forefathers were consistently recorded as 'Halba', however, merely because the vigilance report shows that, no entry was found in the name of grandfather of the present Petitioner namely Lakdu Tima Pounikar showing him as 'Halba'. Moreover, the entry in respect of cousin grandfather of the present Petitioner, wherein there is a scratching and in the declaration form the caste of the cousin grandfather of the present Petitioner was recorded as 'Halba'. Relying upon the said observation, the Scrutiny Committee has invalidated the caste claim of the present Petitioner.
On perusal of the entire documents on record and on verification of the said documents it reveals that, said Lakdu Tima Pounikar as per the family tree having two sons namely Bhagwan and Gajanan. Bhagwan is the son of said Lakdu. The School Leaving Certificate of said Bhagwan Lakdu issued by the Timki Marathi Primary High School, Municipal Corporation Nagpur shows that Bhagwan was admitted in the said School on 19.07.1961 and was studied till 18.11.1965 was recorded as 'Halba'. The Dakhal Kharij register also shows that said Bhagwan was admitted in the School and while admission he was recorded as 'Halba'. Similarly, the father of the present Petitioner was also admitted in the School and at the time of admission he was also recorded as 'Halba'.
The Petitioner mainly relied upon the School Leaving Certificate of the son of Tima Bichhu namely Lakdu Tima Pounikar who is the grandfather of the present Petitioner. Said Lakdu Tima Pounikar, the grandfather of the present Petitioner was admitted in the School i.e. Timki Marathi Primary High School, Municipal Corporation Nagpur on 08.05.1936 and was studied there till 28.04.1941 was recorded as 'Halba'. Said Tima Pounikar was also having another son Kisna, who was also studied in the same School and was recorded as 'Halba'.
It is the contention of the Scrutiny Committee that, there was interpolation in the documents to the extent of entry in the name of Kisna i.e. the cousin grandfather of the present Petitioner. However, on perusal of the School Leaving Certificate as well as Dakhal Kharij Register, we could not found that there is any scratching or interpolation in the entry. Dakhal Kharij Register extract clearly shows that, while admitting Kisna in School the name of the grandfather of the present Petitioner was mentioned as Lakdu Tima Pounikar and it is clearly mentioned in the column of caste/religion as 'Halba'. There is no dispute as far as the relationship is concerned. The entry in School record of son of Tima Bichhu namely Lakdu was recorded as 'Halba' during pre-independence era. As far as the vigilance report is concerned, which only shows that, there was scoring against the name of cousin grandfather of the present Petitioner while recording as 'Halba', which is not substantiated by the documents.
Even accepting the contention of the Committee that there is another document showing the real grandfather of the present Petitioner was admitted in the same School on 08.05.1936 and was studied in the said School till 28.04.1941 and at the time of admission his grandfather was recorded as 'Halba'. Thus, pre-independence documents clearly shows that, the grandfather of the present Petitioner during pre-independence era was recorded as 'Halba'.
We have also perused the declaration form which shows that, Kisna Tima Pounikar was admitted and while admitting him in School his caste was recorded as 'Koshti', but we have also considered the School Admission Extract Register, wherein against the name of Lakdu Tima Pounikar, whose birth date 14.02.1930 which was shown to be recorded as 'Halba'. The entry in the name of another son of Lakdu who was admitted in the same School shows that, Bhagwan son of Lakdu was admitted in the School and he was recorded as 'Halba'. We have also perused the School Admission Register, which according to the Scrutiny Committee was found in a torn condition. However, as far as the entry in the name of Kisna son of Lakdu Tima is concerned, which clearly reflects in the said document as 'Halba'.
During enquiry it reveals that, the Headmaster of Netaji Subhashchandra Bose Marathi Primary School, Municipal Corporation, Nagpur has informed to the present Petitioner that Karmaveer Shinde Primary High School was merged in Timki Marathi Primary High School and available record is since 1926 to 2011, which they have already received. Thus, this communication nowhere discloses that the record is in a torn condition. Therefore, the contention of learned AGP that, there is an interpolation and contrary documents are found is not substantiated. In the light of pre-independence documents merely because in the declaration form the caste of the brother of Lakdu was mentioned as 'Koshti', is not sufficient to discard the evidence of the Petitioner showing since pre-independence era the Petitioner and his forefathers are recorded as 'Halba'.
The Hon'ble Apex Court has considered the evidentiary value of School Leaving Certificate as far as the caste claim is concerned in the case of Kumari Madhuri Patil & Ors. Vs. Addl. Commissioner, Tribal Development & Ors., MANU/SC/0022/1995, wherein it is observed that, the entries in the school register preceding the Constitution do furnish great probative value to the declaration of the status of a caste. Hierarchical caste stratification of Hindu social order has its reflection in all entries in the public records. What would, therefore, depict the caste status of the people inclusive of the school or college records, as the then census rules insisted upon. It is further held by the Hon'ble Apex Court that, the school record, comparatively, is not only oldest but it being the record pertaining to candidate's father's admission to school prior to independence, it carries greatest probative evidentiary value.
In the said judgment, the Hon'ble Apex Court has also streamlined the procedure for the issuance of social status certificates, their scrutiny and their approval, which are as under:
"1.The application for grant of social status certificate shall be made to the Revenue Sub-Divisional Officer and Deputy Collector or Deputy Commissioner and the certificate shall be issued by such officer rather than at the Officer, Taluk or Mandal level.
2.The parent, guardian or the candidate, as the case may be, shall file an affidavit duly sworn and attested by a competent gazetted officer or non-gazetted officer with particulars of castes and sub-castes, tribe, tribal community, parts or groups of tribes or tribal communities, the place from which he originally hails from and other particulars as may be prescribed by the Directorate concerned.
3.Application for verification of the caste certificate by the Scrutiny Committee shall be filed at least six months in advance before seeking admission into educational institution or an appointment to a post.
4.All the State Governments shall constitute a Committee of three officers, namely, (I) an Additional or Joint Secretary or any officer higher in rank of the Director of the concerned department, (II) the Director, Social Welfare/Tribal Welfare/Backward Class Welfare, as the case may be, and (III) in the case of Scheduled Castes another officer who has intimate knowledge in the verification and issuance of the social status certificates. In the case the Scheduled Tribes, the Research Officer who has intimate knowledge in identifying the tribes, tribal communities, parts of or groups of tribes or tribal communities.
5.Each Directorate should constitute a vigilance cell consisting of Senior Deputy Superintendent of Police in over all charge and such number of Police Inspectors to investigate into the social status claims. The Inspector would go to the local place of residence and original place from which the candidate hails and usually resides or in case of migration to the town or city, the place from which he originally hailed from. The vigilance officer should personally verify and collect all the facts of the social status claimed by the candidate or the parent or guardian, as the case may be. He also should examine the school records, birth registration, if any. He should also examine the parent, guardian or the candidate in relation to their caste etc. or such other persons who have knowledge of the social status of the candidate and then submit a report to the Directorate together with all particulars as envisaged in the proforma, in particular, of the Scheduled Tribes relating to their peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies etc. by the castes or tribes or tribal communities concerned etc.
6.The Director concerned, on receipt of the report from the vigilance officer if he found the claim for social status to be "not genuine" or "doubtful" or spurious or falsely or wrongly claimed, the Director concerned should issue show cause notice supplying a copy of the report of the vigilance officer to the candidate by a registered post with acknowledgment due or through the head of the concerned educational institution in which the candidate is studying or employed.
The notice should indicate that the representation or reply, if any, would be made within two weeks from the date of the receipt of the notice and in no case on request not more than 30 days from the date of the receipt of the notice. In case, the candidate seeks for an opportunity of hearing and claims an inquiry to be made in that behalf, the Director on receipt of such representation/reply shall convene the committee and the Joint/Addl. Secretary as Chair-person who shall give reasonable opportunity to the candidate/parent/guardian to adduce all evidence in support of their claim. A public notice by beat of drum or any other convenient mode may be published in the village or locality and if any person or association opposes such a claim, an opportunity to adduce evidence may be given to him/it. After giving such opportunity either in person or through counsel, the Committee may make such inquiry as it deems expedient and consider the claims vis-a-vis the objections raised by the candidate or opponent and pass an appropriate order with brief reasons in support thereof.
7.In case the report is in favour of the candidate and found to be genuine and true, no further action need be taken except where the report or the particulars given are procured or found to be false or fraudulently obtained and in the latter event the same procedure as is envisaged in para 6 be followed.
8.Notice contemplated in para 6 should be issued to the parents/guardian also in case candidate is minor to appear before the Committee with all evidence in his or their support of the claim for the social status certificates.
9.The inquiry should be completed as expeditiously as possible preferably by day-to-day proceedings within such period not exceeding two months. If after inquiry, the Caste Scrutiny Committee finds the claim to be false or spurious, they should pass an order cancelling the certificate issued and confiscate the same. It should communicate within one month from the date of the conclusion of the proceedings the result of enquiry to the parent/guardian and the applicant.
10.In case of any delay in finalising the proceedings, and in the meanwhile the last date for admission into an educational institution or appointment to an officer post, is getting expired, the candidate be admitted by the Principal or such other authority competent in that behalf or appointed on the basis of the social status certificate already issued or an affidavit duly sworn by the parent/guardian/candidate before the competent officer or non-official and such admission or appointment should be only provisional, subject to the result of the inquiry by the Scrutiny Committee.
11.The order passed by the Committee shall be final and conclusive only subject to the proceedings under Article 226 of the Constitution.
12.No suit or other proceedings before any other authority should lie.
13.The High Court would dispose of these cases as expeditiously as possible within a period of three months. In case, as per its procedure, the writ petition/miscellaneous petition/matter is disposed of by a Single Judge, then no further appeal would lie against that order to the Division Bench but subject to special leave under Article 136.
14.In case, the certificate obtained or social status claimed is found to be false, the parent/guardian/the candidate should be prosecuted for making false claim. If the prosecution ends in a conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude, disqualification for elective posts or offices under the State or the Union or elections to any local body, legislature or Parliament.
15.As soon as the finding is recorded by the Scrutiny Committee holding that the certificate obtained was false, on its cancellation and confiscation simultaneously, it should be communicated to the educational institution concerned or the appointing authority by registered post with acknowledgment due with a request to cancel the admission or the appointment. The Principal etc. of the educational institution responsible for making the admission or the appointing authority, should cancel the admission/appointment without any further notice to the candidate and debar the candidate from further study or continue in office in a post."
It is further observed that, since this procedure could be fair and just and shorten the undue delay and also prevent avoidable expenditure for the State on the education of the candidate admitted/appointed on false social status or further continuance therein, every State concerned should endeavour to give effect to it and see that the constitutional objectives intended for the benefit and advancement of the genuine Scheduled Castes/Scheduled Tribes or backward classes, as the case may be are not defeated by unscrupulous persons.
As already observed that, the Petitioner relied upon the pre-independence documents of 1936 showing that the grandfather of the present Petitioner while admitting him in School was recorded as 'Halba'.
It is well settled that, while dealing with the documentary evidence greater reliance may be placed on pre-independence documents because they furnish a higher degree of probative value to the declaration of status of a caste, as compared to post-independence documents.
It is observed by the Hon'ble Apex Court in the case of Yogesh Madhav Makalwad Vs. The State of Maharashtra & Ors., MANU/SC/1070/2025, by referring its earlier judgment in the case of Anand Vs. Committee for Scrutiny & Verification of Tribe Claims and Ors., MANU/SC/1316/2011, wherein the Hon'ble Apex Court has observed that, "while dealing with documentary evidence, greater reliance may be placed on pre-Independence documents because they furnish a higher degree of probative value to the declaration of status of a caste, as compared to post-Independence documents." It is further observed by the Hon'ble Apex Court that, "in case the applicant is the first generation ever to attend school, the availability of any documentary evidence becomes difficult, but that ipso facto does not call for the rejection of his claim. In fact, the mere fact that he is the first generation ever to attend school, some benefit of doubt in favour of the applicant may be given. Needless to add that in the event of a doubt on the credibility of a document, its veracity has to be tested on the basis of oral evidence, for which an opportunity has to be afforded to the applicant."
Thus, considering the observation of the Hon'ble Apex Court that, some benefit of doubt in favour of the applicant may be given considering the first generation ever attend the School there may be some mistakes on the part of the forefathers of the Petitioner. The Scrutiny Committee has swayed away by the document i.e. declaration from, wherein the cousin grandfather of the present Petitioner was recorded as 'Koshti', but the Dakhal Kharij Register of said Kisna Tima Pounikar cousin grandfather of the present Petitioner was recorded as 'Halba'. Therefore, there is a possibility of correction of the mistake in a subsequent point of time and, therefore, the Dakhal Kharij Register of the same person showing him as 'Halba'. Moreover, the entry of 'Koshti' may be due to their profession as they are in a profession of weaving. As far as the affinity test is concerned, the vigilance report shows that, their mother tongue is 'Halbi' and their day to day language is also 'Halbi'. Therefore, their ethnological communication with the Scheduled Tribe are established by the Petitioner.
Thus, it can be seen that the Scrutiny Committee while dealing with the documentary evidence has ignored the pre-independence documents which furnish a higher degree of probative value to the declaration of status of a caste, as compared to post-independence documents. Even accepting that, the affinity test is not established by the Petitioner, however, now it is not a litmus test with the migrations, modernizations and contact with the other communities, these communities developed and adopt new trades and, therefore, that aspect itself could not be sufficient to ignore the caste claim of the present Petitioner.
In view of the observation of the Hon'ble Apex Court in the case of Anand Vs. Committee for Scrutiny & Verification of Tribe Claims (supra), the pre-independence documents which have a greater probative value while considering the claim of the present Petitioner, which has been followed by the Hon'ble Apex Court in catena of decisions. In view of that, we are of the considered view that, the order of the Scrutiny Committee dated 25.11.2019 invalidating the caste claim of the Petitioner deserves to be quashed and set aside. Accordingly, we proceed to pass the following order.
O R D E R
Writ Petition is allowed.
The order passed by the Respondent/Scheduled Tribe Certificate Scrutiny Committee, Nagpur dated 25.11.2019 invalidating the caste claim of the present Petitioner, is hereby quashed and set aside.
It is declared that, the present Petitioner belongs to 'Halba' Scheduled Tribe.
The Scrutiny Committee shall issue the validity certificate to the present Petitioner within a period of six weeks from the date of receipt of the copy of this order.
Rule is made absolute in the aforesaid terms.
Pending application/s, if any, shall stand disposed of accordingly.