Bombay High Court Allows Writ Petition for Caste Validity Certificate Based on Prior Certificates Granted to Paternal Blood Relatives. The Court held that invalidation of claims of unrelated persons is irrelevant and that the petitioners are entitled to certificates based on established lineage.

Case Note & Summary

The petitioners, Kinjal Vilas Bastav (age 18, student), Manav Mukesh Bastav (age 17, minor through father), and Aayush Prashant Bastav (age 25), filed a composite writ petition before the Bombay High Court challenging the Common Order dated 23.10.2024 passed by Respondent No.2, the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane, which invalidated their claim of belonging to the 'Koli Mahadev' Scheduled Tribe. The petitioners are first cousins: Kinjal is the first cousin sister of Manav and Aayush, who are first cousin brothers. They sought a declaration that they belong to the Koli Mahadev Scheduled Tribe and for issuance of Caste Validity Certificates. The factual matrix reveals that several paternal blood relatives of the petitioners had previously obtained Caste Validity Certificates as belonging to Koli Mahadev. Specifically, Yaminee Pandurang Bastav (paternal real aunt) was declared as belonging to Mahadeo Koli by this Court in Writ Petition No.1434 of 1994 on 24.03.1994. Yatin Nilkanth Bastav (paternal cousin uncle) obtained a certificate pursuant to Writ Petition No.8033 of 2004, decided on 04.10.2013, relying on Yaminee's certificate. Pramod Govind Bastav (paternal cousin grandfather) obtained a certificate pursuant to Writ Petition No.2925 of 2013, decided on 04.10.2013. The Special Leave Petition against these orders was dismissed by the Supreme Court on 18.09.2017. Further, the fathers of petitioner No.1 (Vilas Pandurang Bastav) and petitioner No.2 (Mukesh Pandurang Bastav) had their tribe claims invalidated initially, but this Court in Writ Petition No.3134 of 2009 directed issuance of certificates to them, relying on the certificates of Yaminee, Yatin, and Pramod. The petitioners were issued Scheduled Tribe Certificates in Form C by the Sub Divisional Office, Eastern Suburbs, Mumbai Suburban District. In April 2024, they applied to Respondent No.2 for verification of their tribe certificates, appending an Affidavit in Form 'F' containing a complete Genealogy Tree. The Vigilance Cell submitted an enquiry report dated 12.11.2024, to which the petitioners replied. Petitioner No.1 had earlier filed Writ Petition No.14956 of 2024 seeking expeditious disposal, and this Court on 23.10.2024 directed disposal by 31.12.2024, protecting her admission. However, by the impugned order dated 23.10.2024, Respondent No.2 invalidated the petitioners' claim. The petitioners challenged this order. The learned advocate for the petitioners, Mr. R.K. Mendadkar, submitted that the blood relations of the petitioners from paternal side having Caste Validity Certificates, the petitioners were entitled to the same. He contended that Respondent No.2 erroneously relied on the invalidation of tribe claims of Nischal Chintaman Bastav and Vishal Chintaman Bastav, who are not blood relatives of the petitioners from paternal side. The learned AGP, Ms. Pooja Joshi Deshpande, opposed the petition, arguing that the invalidation of Nischal's claim had been maintained by this Court and the Supreme Court, and that Yatin and Pramod had suppressed that invalidation. She relied on the decision in Nischal Chintaman Bastav v. State of Maharashtra (Writ Petition No.5634 of 2000) and other orders. The Court perused the record and examined the Genealogy Tree at Exhibit K, which traces the lineage from Gopal to Pandurang, Janardan, and Govind, and further to the petitioners and their relatives. The Court found that the petitioners are descendants of the same lineage as Yaminee, Yatin, Pramod, Vilas, and Mukesh, all of whom have been granted Caste Validity Certificates. The Court held that the invalidation of claims of Nischal and Vishal, who are not blood relatives from paternal side, is irrelevant. The Court concluded that the petitioners have established their tribe claim based on the documentary evidence and prior certificates of close blood relations. Accordingly, the Court allowed the writ petition, quashed the impugned order dated 23.10.2024, and directed Respondent No.2 to issue Caste Validity Certificates to the petitioners as belonging to Koli Mahadev Scheduled Tribe within four weeks.

Headnote

Issue of Consideration

Final Decision

The writ petition is allowed. The impugned Common Order dated 23.10.2024 passed by Respondent No.2 is quashed and set aside. Respondent No.2 is directed to issue Caste Validity Certificates to the Petitioners as belonging to Koli Mahadev Scheduled Tribe within four weeks from the date of the order.

Law Points