Full Judgement
Bombay High Court
Nandini Kishor Navsare vs The State Of Maharashtra And Another on 10 January, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:981-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 153 OF 2022
Nandini d/o. Kishor Navsare,
Age 17 years (Minor), Occ. Student,
U/g. father viz. Kishor S/o. Dongar Navsare,
Age 42 years, Occ. Private Service,
R/o. At Anand Khede, Post Khede,
Tq. and Dist. Dhule.
... Petitioner
VERSUS
1. The State of Maharashtra
Through its Secretary
Tribal Development Department
Mantralaya, Mumbai - 32
Through its Secretary.
2. The Schedule Tribe Certificate
Scrutiny Committee, Nandurbar Division,
Nandurbar,
through its Member Secretary.
(Copies for the respondent Nos. 1 and 2
to be served on the Government Pleader,
High Court of Judicature of Bombay,
Bench at Aurnagabad.
.. Respondents.
Mr. Sushant C. Yeramwar, Advocate for Petitioner
Mr. S. K. Shirse, AGP for Respondent Nos.1 & 2
CORAM : SMT. VIBHA KANKANWADI
& S.G. CHAPALGAONKAR, JJ.
th
DATE : 10 JANUARY, 2024.
Judgment (per S. G. Chapalgaonkar, J.) :-
Rule. Rule made returnable forthwith. Heard finally by
consent of learned advocates appearing for the parties.
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Petitioner approaches this court under Article 226 of the Constitution of
India thereby assailing the order 20.12.2021 passed by the Schedule
Tribe Certificate Scrutiny Committee, Nandurbar, invalidating caste claim
of the Petitioner for Tokre Koli scheduled tribe.
2. Mr. Sushant Yeramwar, learned counsel appearing for the
petitioner submits that petitioner belong to Tokre Koli schedule Tribe.
The competent authority had issued a caste certificate in her favour.
While she was prosecuting studies, her tribe certificate was referred to
Nashik Committee. The petitioner supported her claim by filing pre-
constitutional documents i.e. school record of the great-grand father
showing entry of 'Tokre Koli' in the caste column. The said document
has been verified by the vigilance officer. No adverse comment is made
in report doubting the genuineness of the said document. The petitioner
has also submitted school record of her father and aunt, depicting the
caste entries as Tokre Koli in caste column. The petitioner has also relied
on the validity certificate issued in the name of Shri Narendra Ramdas
Navsari who is her cousin grand-father who tendered an affidavit
accepting the genealogy in claim of Akshada i.e. cousin of petitioner. Mr.
Yeramwar would submit that the committee referring to some contra
entries of Koli and Hindu Koli in the record of blood relations discarded
the claim of petitioner. The approach of committee is inconsistent with
the well settled legal position. He would therefore urge that by setting
aside the impugned order, directions be issued to the committee for
issuance of caste validity certificate to the petitioner.
3. Mr. S. K. Shirse, learned AGP appearing for Respondent
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Nos.1 & 2 vehemently opposes the petition and supports the impugned
order.
4. We have considered the submissions advanced by the
learned Advocates appearing for the respective parties. We have also
gone through original claim docket received from committee pertaining
to petitioners claim so also the documents from the file of validity holder
Narendra Ramdas Navsari. Apparently petitioner relies upon oldest
document of 1933 in the form of school record of her great-grandfather
i.e. Dhoman Maharu Koli. We have perused the extract of document
which has been certified by the Headmaster, Zilla Parishad Primary
School, Virdhal, Tq. Sindkheda, Dist. Dhule. Perusal of the document no
where depicts that it is subjected to any manipulation in any manner.
The entries of admission are consistently recorded with serial numbers.
However, the committee observed that further columns in the register
which pertains to date of leaving of school, transfer from school, etc. are
blank. The committee observed that possibility of creating false
document cannot be ruled out.
5. We find that such observations of committee are nothing
more than surmise. The committee obtained the vigilance report. There
are no adverse remarks pertaining to genuineness of said document. The
document pertains to the pre-constitutional era. The entry of caste in
such document would have highest probative value. We do not find any
reason to discard such significant evidence. It is true that in many caste
claims, committee observed manipulation in the old revenue or school
record, however such negative presumption cannot be applied in every
case. Such approach of the committee needs to be deprecated. In
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absence of substantive reason to discard pre-constitutional evidence, the
committee could not have refused to rely upon said documents.
6. Secondly, petitioner has also produced caste validity
certificate granted in favour paternal blood relative Mr. Narendra Ramdas
Navsari. The genealogy placed on record depicts that one Budha is
common ancestor of the petitioner as well as said Narendra. He had four
son namely Sakharam, Maharu, Narayan and Tanaji. The petitioner hails
from the branch of Maharu, whereas; validity holder Narendra hails from
the branch of Tanaji. The copy of affidavit of Narendra which was
submitted by him in the caste claim of one Akshada who is also from the
branch of Maharu is placed before us, wherein said Narendra accepted
correctness of genealogy. In our considered view the aforesaid document
adequately supports the caste claim of the petitioner.
7. It is true that the committee noted some contra entries of
paternal blood relatives of the petitioner, which records caste as Koli or
Hindu Koli. The law in such situation is well settled. The oldest pre-
constitutional entry will have precedence over any subsequent entry
regarding caste. In present case, school admission entry of petitioner's
great-grandfather recorded in year 1933 is the oldest document available
on record which supports the caste claim for Tokre Koli Scheduled Tribe.
There are other entries depicting Hindu Koli and Koli in the school record
of cousin uncle and aunts of the petitioner, those would be of no
significance in the light of pre-constitutional entries supporting the claim.
Similar view is taken by the Supreme Court of India in the matter of Vina
Ashok Godse V/s State of Maharashtra in order dated 29.09.2017 in CA
No. 19968 of 2017 so also order passed by Division Bench of this court in
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the case of Prakita Kishor Suryawanshi V/s State of Maharashtra and
another in Writ Petition No. 11298 of 2023, in order dated 13.09.2023.
8. In view of aforesaid observations, we have no hesitation to
hold that impugned order of the committee is perverse and is liable to be
quashed and set aside. In result petition succeeds and we proceed to
pass following order.
ORDER
A] Writ Petition is allowed.
B] The impugned order dated 20.12.2021 passed by the committee
invalidating the caste claim of the petitioner is hereby quashed and set aside.
C] The Respondent No.03 committee is directed to issue Caste Validity Certificate in favour of the petitioner for 'Tokre Koli Schedule Tribe' within period of one month from this order.
D] Rule made absolute in above terms with no order as to cost.
[S.G. CHAPALGAONKAR, J] [ SMT. VIBHA KANKANWADI, J]
grt/-
Signed by: G R TOKE Designation: PS To Honourable Judge Date: 18/01/2024 12:04:25
