Kambli 1 WP1987.09 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1987 OF 2009 ... Dattatray Rambhau Pawar ...Petitioner v/s. 1.The State of Maharashtra 2.The Scheduled Tribe Caste Certificate Scrutiny Committee 3.Executive Magistrate Indapur, District: Pune 4.Director General of Police 5.Commissioner of Police, Thane, ...Respondents Mr.R.K.Mendadkar for the Petitioner. Mr.V.A.Gangal Special Counsel with Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 22nd November,2010 P.C.: 1. By this petition the Petitioner challenges the order passed by the Scrutiny Committee dated 15-1-2009 holding that the claim of the Petitioner that he belongs to Kambli 2 WP1987.09 Thakar, Schedule Tribe is not valid. The Scrutiny Committee has found that many of the entries about close relatives of the Petitioner for the period before 1950 shows that their caste is recorded as Maratha, as Thakar and as Bhat. The Scrutiny Committee has also held affinity test and has held that the Petitioner does not belong to Thakar Scheduled Tribe. So far as entries in various records about various relatives of the Petitioner are concerned, the Petitioner was relying on 12 entries relating to his relatives showing that their caste is recorded as Thakar. The Vigilance Cell has produced 29 entires in relation to other relatives of the Petitioner, which were of the period before 1950 showing that caste of some of the relatives of the Petitioner was recorded as “Maratha”, some of the relatives it was “Bhat” and of some of the relatives it Kambli 3 WP1987.09 was “Thakar”. The learned Counsel appearing for the Petitioner produced before us a chart showing various entries made in relation to the different relatives of the Petitioner. It reads as below: Sr. no. Name Relationship Nature of documentsCaste recordedDate of Record produced by 1 Daughter born to Rakhmaji Bapu Pawar Cousin great grand father's daughter Birth Extract Thakar 1871 Applicant 2 Daughter born to Sakharam Pawar Cousin great grand father's daughter Birth Extract Thakar 1881 do 3 Yesu Sakharam Pawar Cousin great grand father's son Death Extract Thakar 1884 do 4 Baja Rakhmaji Pawar Cousin great grand father's son Death Extract Thakar July, 1985 do 5 Son born to Vithu Bapu Pawar Cousin great grand father's son Birth Extract Thakar 1885 do 6 Son born to Rakhmaji Bapu Pawar Cousin great grand father's son Birth Extract Thakar 1888 do 7 Daughter born to Vithu Bapu Pawar Cousin great grand father's daughter Birth Extract Thakar 1888 do 8 Daughter born to Sakharam Bapu Pawar Cousin great grand father's daughter Birth Extract Thakar 1890 do 9 Daughter born to Vithu Bapu Pawar Cousin great grand father's daughter Birth Extract Thakar 1891 do 10 Daughter born to Rakhmaji Bapu Pawar Cousin great grand father's daughter Birth Extract Thakar 13.7.1892 do 11 Son born to Babaji Anuba Pawar Cousin Grand father's son Birth Extract Thakar 1909 do 12 Shahu Vithu Cousin grand father Death Extract Marathi 13.1.1918 Vigilance cell 13 Krushna Vithu ( fathers name) Uncle Birth Extract Mahrathi 12.9.1918 do 14 Rama Krishna Pawar Paternam aunt Birth Extract Thakar 23.5.1921 do 15 Sopan Krishan Pawar Paternam aunt Birth Extract Thakar July, 1923 do 16 Vithu Krishna Pawar Paternam aunt Birth Extract Thakar 13.11.1925 do 17 Ramchandra Krishna Pawar Father Birth Extract Thakar 14.8.1928 do 18 Tulsiram Vithu Pawar Uncle Birth Extract Marathi 2.8.1930 Applicant 19 ………Shripati Pawar Cousin uncle Birth Extract Maratha 14.11.1930 Vigilance cell 20 Shantibai Krishna Pawar Aunt Birth Extract Thakar 8.9.1932 do 21 Jaywant Shripati Pawar Cousin uncle Birth Extract Marathi 24.10.1932 do 22 Vanchala Krushna Pawar Aunt Birth Extract Marathi 12.12.1934 do 23 Aabai Kom Vithu Pawar Grand mother Death Extract Bhat 16.3.1937 do 24 Murlidhar/ Damodar Shripati Pawar Cousin uncle Birth Extract Bhat 22.6.1937 do 25 Rama Krushna Pawar Aunt chool leaving certifica Maratha 4.3.1940 do 26 Vanchala Krushna Pawar Aunt chool leaving certifica Maratha 4.3.1940 do 27 Tulsiram Krushna Pawar Uncle chool leaving certifica Maratha March, 1940 do 28 Yashwant Shripati Pawar Cousin uncle chool leaving certifica Maratha 5.8.1941 do 29 Sonu Bapkrushna Pawar Aunt Death Extract Bhat 17.10.1941 do 30 Sonabai Krishna Pawar Aunt Birth Extract Marathi 31.1.1942 do 31 Jaywant Shripati Pawar Cousin uncle chool leaving certifica Maratha 1.3.1944 do 32 Ghanshyam Shripati Pawar Cousin uncle chool leaving certifica Maratha 10.6.1944 do 33 Sakhrabai Krushna Pawar Aunt chool leaving certifica Maratha 1.7.1944 do 34 Rodya Shripati Pawar Cousin uncle chool leaving certifica Maratha 3.7.1944 do 35 Muktabai Shripati Pawar Aunt chool leaving certifica Maratha 2.8.1944 do 36 Tulshiram Krushna Pawar Uncle Death Extract Bhat 28.12.1944 do 37 Dwarka Krushna Pawar Aunt School record Hindu Marath 9.6.1947 do 38 Jaywant Shripati Pawar Cousin uncle School record Hindu Thakar 1.3.1948 do 39 Sonu Krushna Pawar (name not given) Uncle School record Thakar ( Hindu ) 5.11.1948 do Kambli 4 WP1987.09 2. A glance at this chart shows that if one merely goes by the entries in relation to various relatives of the Petitioner, it is impossible to record a definite conclusion about the caste of the Petitioner. These entries are, therefore, unreliable. If these entries are excluded from consideration, then there is hardly any evidence produced by the Petitioner on record to substantiate his claim. It has to be remembered that entire burden to prove that the Petitioner belongs to Thakur scheduled tribe is on the Petitioner. Apart from the above documents the Petitioner relies on the validity certificate issued by the Scrutiny Committee in favour of Shri Arun Pawar. That validity certificate was issued by the Scrutiny Committee because of the directions of the Division Bench of this Court in Writ Petition Kambli 5 WP1987.09 No.2122 of 1989 decided on 30th October, 1996. Perusal of that judgment shows that this court directed issuance of validity certificate in favour of the Petitioner in that case, because the Division Bench found that in the school record of the father of the Petitioner in that case in the year 1923 an entry is made that he belongs to Thakar caste. Though it is true that this Shri.Arun Pawar is relative of the Petitioner, what was other material in relation to him is not to be found from the judgment. In our opinion, in the face of the material that is produced on record in this case, no reliance can be placed on the judgment in Arun Pawar’s case referred to above. Because that judgment has turned only on one circumstance namely the entry in the record relating to the caste of the father of the Petitioner in that case. The Petitioner, thereafter, relied on two Kambli 6 WP1987.09 validity certificates issued in favour two persons, who he claims to be related to him. But those validity certificates do not indicate as to what was the material on the basis of which those validity certificates were issued. If the Petitioner wanted to rely on those validity certificates, it was for the Petitioner to produce material that was produced by those persons for obtaining the validity certificate. Merely by relying on the documents of validity certificates, the Petitioner cannot claim that those validity certificates establish that he belongs to Thakar scheduled tribe. We, thus, find that the material produced by the Petitioner on record does not prove that the Petitioner belongs to Thakar scheduled tribe. 3. In our opinion, therefore, the Scrutiny Committee was fully justified in Kambli 7 WP1987.09 making the order. The petition has no substance. It is dismissed. Rule discharged. No order as to costs. (D.K.Deshmukh,J.) (N.D.Deshpande, J.)