Rahul vs The State Of Maharashtra & Ors.

(NITIN B. SURYAWANSHI, J.) :-

. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

By these petitions filed under Article 226 of the Constitution of India, the two brothers namely Rahul and Atul challenge the decisions dated 03.05.2007 and 21.05.2007 of the Respondent – Committee, thereby invalidating their tribe claims as belonging to “Thakur, Scheduled Tribe”.

Since both the petitioners have relied on the same set of documents in support of their tribe claims and similar reasons are given by the Committee while rejecting their claims, both these petitions are heard together and are being decided by this common judgment.

In support of their claims, the petitioners relied upon school leaving certificate of their grandfather Ramdas Omkar Suryawanshi in which on 15.04.1929, his caste is recorded as “Hindu Thakur”. They have also relied on the validity certificate issued in favour of their first cousin Laxmikant Ratan Thakur issued by the Nashik Committee vide order dated 09.06.2000. Laxmikant has filed an affidavit in support of the claim of the petitioners. Relationship between the parties is not in dispute.

The Committee has rejected the claim of the petitioners on the ground of area restriction as well as affinity test. In view of the judgments of the Hon'ble Apex Court in the case of Jaywant Dilip Pawar Vs. State of Maharashtra & Ors., 2018(5) ALL MR 975 and Anand Vs. Committee for Scrutiny and Verification of Tribe Claims, others, (2012) 1 SCC 113, the affinity test is no more held to be a litmus test and and it has to be considered as corroborating to the documentary evidence produced by the claimant. So also in view of the judgment in the case of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. The State of Maharashtra and Ors, 2023 SCC Online SC 326, since the tribe claims of the blood relatives of the petitioners are validated by the Scrutiny Committee, the petitioners are entitled for validity of their tribe claim. The area restriction is now diluted in view of the decision in the case of Anand (supra), therefore, both the impugned decisions of the Committee on both these grounds cannot be sustained. Admittedly, there is not a single contra entry. Pre-constitutional document, which has better probative value is erroneously discarded by the Committee.

In view of the above, as there is pre-constitutional document of petitioners' grandfather and validity certificate issued to their 1^st cousin Laxmikant, the petitioners are entitled for validity of their tribe claim and the impugned decisions are liable to be set aside.

In the result, Writ Petitions are allowed. The impugned decisions of the Committee dated 21.05.2007 and 03.05.2007 are hereby quashed and set aside. The Committee is directed to issue the validity certificates to the petitioners that they belong to "Thakur, Scheduled Tribe" within period of eight weeks from the date of receipt of this order.

Rule is made absolute in the above terms with no order as to costs.

Pending Civil Application is disposed of.