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Judgment
[Per Nitin B. Suryawanshi, J.]
. Rule. Rule made returnable forthwith and heard finally with the consent of parties.
This petition challenges the decision of the Committee in Case No. DHU/SERV/885/2007 dated 15.04.2010, rejecting the claim of the petitioner that he belongs to ‘Thakur, Scheduled Tribe’.
The Committee has issued tribe validity certificate to petitioner’s real brother Bhaskar Sahebrao Thakur. The said certificate was issued on the basis of reasoned order passed by the then appellate authority i.e. Commissioner of Nashik, Division Nashik dated 12.05.1993 accordingly the tribe claim of the petitioner’s real brother is validated and validity certificate was issued to him on 09.02.2000.
In the School Leaving Certificate of the petitioner’s first cousin uncle, Sarjerao Zaga Wankhede (Thakur), his caste is mentioned as ‘Thakur’ on 15.07.1942. The petitioner has also relied on his father’s School Leaving Certificate dated 01.04.1933, wherein his caste is recorded as ‘Thakur’. In spite of this evidence, the Committee has rejected the claim of the petitioner.
Heard learned Advocate for the petitioner, learned AGP for State instructed by the Law Officer of the Committee. Perused the original record made available by learned AGP.
It is necessary to note here that during the pendency of this petition, the Committee on 07.05.2022 has issued validity certificate to real brother of the petitioner namely Bhagwantrao Sahebrao Thakur. Petitioner’s nephew Swapnil Bhagwantrao Wankhede (Thakur) and niece Pooja Bhagwantrao Wankhede (Thakur) are granted validity certificate on 20.02.2024. Another niece of the petitioner namely Sayali Milind Thakur, is granted validity certificate on 01.02.2018.
The Committee has committed an error in rejecting the pre-constitutional documents of petitioner’s father and first cousin uncle by giving erroneous reason. The grounds of non-passing of affinity test and area restriction are no more available to the Committee for rejecting the tribe claim in view of the decision in Anand Vs. Committee for Scrutiny and Verification of Tribe Claims (2012)(1) SCC 113 and Jaywant Dilip Pawar Vs. State of Maharashtra & Ors, 2018 (5) ALL MR 975 (S.C)
Since the validity certificates are issued in favour of the blood relatives of the petitioner, the petitioner is entitled for validity on the ground of parity in terms of the decision in Mah. Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and Others 2023 SCC OnLine SC 326.
In the result, the writ petition is allowed. The impugned order is quashed and set aside.
The Committee is directed to issue Validity Certificate to the petitioner that he belongs to 'Thakur, Scheduled Tribe’ within eight weeks from the date of uploading of this order.
Rule is made absolute in above terms.