Constitution of India, 1950 (COI) – Article 226 – Writ Petition challenging rejection of Scheduled Tribe claim – Petitioners belonging to ‘Koli Mahadev’ Scheduled Tribe – Blood relatives from paternal side already issued Caste Validity Certificates – Rejection of petitioners' claim based on non-relevant tribe claims held erroneous – Impugned order quashed – Direction to issue Scheduled Tribe Validity Certificate.

Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 – Section 8 – Burden of proving caste claim on petitioners – Petitioners established their Scheduled Tribe status through documentary evidence and genealogy tree – Respondents failed to dispute blood relations with those holding Caste Validity Certificates – Held: Petitioners discharged their burden.

Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2005 – Rule 2(1)(f) – Definition of 'Relative' – Blood relative from paternal side – Validity Certificates of paternal side relatives accepted as proof of tribe claim.

Impugned order quashed – Direction to issue Scheduled Tribe Validity Certificates within 30 days.

Judgments Relied Upon: (a) Apoorva D/O Vinay Nichale v. Divisional Caste Certificate Scrutiny Committee No.1 & Ors. – 2010 SCC OnLine Bom 1053 – Sanctity of caste validity certificates of paternal blood relatives. (b) Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra & Ors. – 2023 SCC OnLine SC 326 – Importance of vigilance cell inquiry and establishing relationship through genealogy.

Nature of Litigation: Writ Petition under Article 226 of COI challenging the rejection of Scheduled Tribe claim by Respondent No.2.

Relief Sought: Declaration that the petitioners belong to ‘Koli Mahadev’ Scheduled Tribe and direction to issue Scheduled Tribe Validity Certificates.

Reason for Filing: Rejection of tribe claim despite documentary proof of paternal blood relatives’ validity certificates.

Prior Decisions: Caste Validity Certificates issued to petitioners' blood relatives upheld by Bombay High Court and Supreme Court.

Issues:

(a) Whether petitioners established their claim to belong to ‘Koli Mahadev’ Scheduled Tribe through documentary evidence? (b) Whether rejection of petitioners’ claim was sustainable when blood relatives from paternal side held valid certificates?

Submissions:

(a) Petitioners: Blood relatives' validity certificates established tribe claim – Genealogy tree corroborated relationship – Rejection based on non-relevant tribe claims erroneous.

(b) Respondents: Rejection justified due to invalidation of non-relevant tribe claims – Alleged suppression of invalidation.

Ratio:

Rejection of tribe claim unsustainable when petitioners’ blood relatives from paternal side held valid caste certificates – Sanctity of such certificates upheld – No evidence of suppression or misrepresentation.

Subjects:

Scheduled Tribe Claim – Caste Validity Certificate – Genealogy Tree – Blood Relatives – Paternal Side – Quashing of Rejection – Issuance of Certificate