Pre-Constitutional caste entries of 'Thakur' carry higher probative value than subsequent post-Independence contra entries.

In brief

The question

1. Whether a singular post-Constitutional contra entry of a relative as 'Bhat' can outweigh pre-Constitutional documents recording the caste as 'Thakur'

The court held

The Court answered both issues in the negative, holding that pre-Constitutional documents must prevail and that the affinity test is merely corroborative

It also directed

The Court quashed the orders dated 02.07.2019 and 08.12.2012 passed by the Scrutiny Committee. It directed the Respondent No. 2 to issue 'Thakur' Scheduled Tribe validity certificates to both Petitioners forthwith. Rule was made absolute

01Facts

The Petitioners (niece and uncle) sought verification of their tribe claims as belonging to the 'Thakur' Scheduled Tribe

p. 3

The Petitioners produced pre-Constitutional school records from 1912 and 1940, belonging to the great-grandfather and grandfather respectively, which explicitly recorded the caste as 'Thakur'

p. 4, para 9

However, the Scrutiny Committee invalidated the claims based on a 1953 vigilance cell finding of a maternal relative’s record showing the caste as 'Bhat' and the Petitioners' failure to satisfy the 'affinity test' regarding anthropological traits and ethnic linkage

pp. 5, paras 7-8

The Petitioners challenged these orders via Writ Petitions

p. 3, para 3

02Issues

i.1. Whether a singular post-Constitutional contra entry of a relative as 'Bhat' can outweigh pre-Constitutional documents recording the caste as 'Thakur'

p. 6, para 9 · p. 11, para 15

ii.2. Whether the 'affinity test' can be used as the sole criteria to invalidate a tribe claim when documentary evidence is available

p. 5, para 6 · p. 10, para 12

03Law Applied

The court primarily applied the principle that pre-Independence documents possess higher probative value in determining caste status than post-Independence documents, as established in Anand v. Committee for Scrutiny and Verification of Tribe Claims (2012) 1 SCC 113

p. 7, 10

It further relied on Veena Ashok Godse @ Veena Hemant Sonawane v. State of Maharashtra (Civil Appeal No. 19968 of 2017), which held that subsequent inconsistent entries do not necessarily negate the status established by earlier ancestral records

pp. 6-7

The court also cited Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra (2023) 16 SCC 415, asserting that the affinity test is not a "litmus test" and cannot be the sole basis for rejection if credible documentary evidence exists

pp. 10, 12-13

04Reasoning

The Court reasoned that the 1912 and 1940 documents were of significant probative value and were not found to be fraudulent or adverse by the vigilance cell

p. 6, para 9

Following Veena Ashok Godse, the Court held that a 1953 entry of 'Bhat' for a relative cannot supersede the explicit 'Thakur' entries of direct forefathers from the pre-Constitutional era

p. 8, para 11

Regarding the Respondent's argument that 'Thakur' could also refer to forward castes, the Court noted there was no evidence the Petitioners’ ancestors recorded their caste fraudulently to claim benefits

pp. 11-12, para 15

Finally, applying the Maharashtra Adiwasi Thakur Jamat precedent, the Court found the Committee erred by mechanically applying the affinity test and discarding ancient documents solely because of the "Thakur" surname's ambiguity

pp. 12-13, paras 17-18

05Holding

The Court answered both issues in the negative, holding that pre-Constitutional documents must prevail and that the affinity test is merely corroborative

p. 10, para 12 · p. 13, para 18

p. 14, Order (ii), (iii), (iv)

LawLens.Bombay High Court

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