Caste validation for a petitioner belonging to the Thakar Scheduled Tribe, the High Court set aside the Scrutiny Committee's rejection, based on consistent documentary evidence dating back to 1946. The Court referenced a prior judgment in favor of the petitioner’s sister, highlighting the importance of paternal lineage records. The Scrutiny Committee is directed to issue a validity certificate within 30 days. The judgment emphasizes that, should any of the caste validity certificates for paternal relatives be invalidated in the future, the petitioner’s certificate will face the same consequence.

1. Rule and Hearing
Rule made returnable and final hearing conducted with the consent of both parties.

2. Background of Petitioner's Case
The petitioner's Thakar Scheduled Tribe status was invalidated by the Scrutiny Committee on January 9, 2023. The order was common to both the petitioner and her sibling, Vrushali, whose case had already been decided favorably by the High Court on March 15, 2023, directing the issuance of a validity certificate for Thakar Scheduled Tribe.

3. Key Points Raised by Petitioner’s Counsel
The petitioner's counsel argued there was no "contra entry" and that the school records from 1954 correctly reflected her father's caste as "Thakar." The counsel noted that under an earlier government notification, "Thakar" was classified as a Nomadic Tribe, and a certificate was issued to the father in 1985 accordingly.

4. Argument from AGP
The Assistant Government Pleader (AGP) contended that "Magas" was a conflicting entry and that the petitioner’s family land was not recorded as tribal land under Section 36 of the Maharashtra Land Revenue Code, raising doubts about the tribe status.

5. Court’s Observations and Analysis
The Court considered submissions and historical context, particularly the State Government notification and subsequent judicial interpretation in Pandurang Rangnath Chavan vs. State of Maharashtra & Ors. (1998). Consistent documentary records from 1946 supported the petitioner’s caste claim.

6. Genealogy and Paternal Lineage
The petitioner presented a genealogy consistent with her sister’s previously validated claim. Documentation from relatives, including school records, confirmed Thakar Scheduled Tribe status across the paternal line.

7. Decision and Direction
In view of consistent documentary evidence and the favorable decision in Vrushali’s case, the Court directed the Scrutiny Committee to issue the petitioner a Thakar Scheduled Tribe validity certificate within 30 days.

8. Contingency Clause
The Court clarified that any invalidation of caste certificates held by the petitioner's paternal relatives would affect her certificate as well, aligning with Shweta Balaji Isankar vs. The State of Maharashtra and others (2018).

9. Final Ruling
Rule made absolute as per the terms specified by the Court.

Acts and Sections Discussed

• Maharashtra Land Revenue Code, Section 36: Discussed in relation to the petitioner's ancestral land not being designated as tribal land, which was argued by the AGP as casting doubt on the petitioner’s tribal status.

Ratio Decidendi

The judgment underscores that consistent documentary evidence spanning decades serves as a basis for validating caste claims, especially when lineage records are upheld by prior favorable judgments. It further emphasizes that caste certificates granted to relatives impact the status of claims by descendants, reinforcing reliance on lineage-based validation.

Subjects:

Caste Validation, Scheduled Tribe Status, Tribal Law, Lineage Evidence
Thakar Scheduled Tribe, Caste Validity Certificate, Scrutiny Committee, Maharashtra Land Revenue Code, Nomadic Tribe