Facts
The Petitioner claimed to belong to the Thakur Scheduled Tribe.
Source reference: no citationThe Scheduled Tribe Certificate Scrutiny Committee invalidated his claim solely because he failed the affinity test.
Source reference: p. 2, paras. 2–3The Petitioner relied on caste validity certificates granted to his father and other paternal relatives, and on a High Court order allowing a petition by his cousins.
Source reference: pp. 2–3, para. 4; p. 4, para. 7The State submitted that it was taking steps to recall the certificate granted to the Petitioner’s father.
Source reference: p. 3, para. 5The Petitioner sought to quash the Committee’s order.
Source reference: p. 2, para. 2Issues
1. Whether the Committee’s invalidation of the Petitioner’s Thakur Scheduled Tribe claim solely on the basis of the affinity test could stand when close paternal relatives held caste validity certificates.
Source reference: pp. 2, 4, paras. 3, 7–82. Whether the Petitioner was entitled to a direction requiring the Committee to issue him a caste validity certificate.
Source reference: p. 5, para. 9Law Applied
The Court relied on Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra, (2023) 16 SCC 415, and Apoorva d/o Vinay Nichale v. Divisional Caste Certificate Scrutiny Committee No. 1, 2010 SCC OnLine Bom 1053.
Source reference: p. 5, para. 8Applying those precedents, the Court held that an adverse affinity-test finding could not, on the facts of this case, sustain rejection where close blood relatives had valid and subsisting caste validity certificates.
Source reference: pp. 4–5, paras. 8–9Reasoning
The Court noted that the Petitioner’s father and several paternal relatives had been granted validity certificates, and that the certificates remained valid and subsisting.
Source reference: p. 4, para. 7; p. 5, para. 9Because the Committee had rejected the claim only for failure to satisfy the affinity test, the Court concluded that its order could not withstand legal scrutiny in light of the cited precedents and the relatives’ certificates.
Source reference: p. 5, paras. 8–9The State’s stated intention to seek recall of the father’s certificate did not alter the Court’s finding that the certificate was then valid and subsisting.
Source reference: pp. 3, 5, paras. 5, 9Holding
The Court allowed the petition and quashed the Committee’s order dated 20 July 2018.
It directed the Committee to issue the Petitioner a caste validity certificate as belonging to the Thakur Scheduled Tribe within six weeks of communication of the order.
Source reference: p. 5, Order, clause (iii)Rule was made absolute, with no order as to costs.
Source reference: p. 6, paras. 10–11Original Court PDF
Tanmay Mahesh GaikwadvsState Of Maharashtra Thru Secretary, Tribal Development Dept. And Ors
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