1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 6126 OF 2009. Mohammed Abdul Majed S/o Mohammed Abdul Rasheed, Age 27 years, Occu. Nil, R/o Kadrabad plot, Rajnagar, Parbhani. .. PETITIONER. VERSUS 1) The State of Maharashtra, through its Secretary, Social Welfare Development Department, Mantralaya, Mumbai-32. 2) The Scheduled Castes, Vimukta Jatis, OBCs and Special Bcs Welare Caste Certificate Verification Committee (Through Its Member Secretary, and Divisional Social Welfare Officer) Aurangabad Div., Aurangabad . RESPONDENTS. ... Shri N.E.Deshmukh, Advocate h/f S.B. Talekar, Advocate for Petitioner. Shri V.H. Dighe, Assistant Government Pleader, for respondent Nos. 1 & 2. CORAM : A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 9th FEBRUARY 2010. PER COURT: (S.S. Shinde, J.) 2 1. Rule, returnable forthwith. With the consent of the parties, heard finally at the stage of admission. 2. This Writ petition takes exception to the impugned decision dated 10/22-06-2009 passed by the respondent No. 2 i.e. The Scheduled Castes, Vimkuta Jatis, OBCs and Special BCs Welfare Certificate Verification Committee, Aurangabad Division, Aurangabad. It is the case of the petitioner that, he belongs to ‘Beldar’ Nomadic Tribe-B. He contested the election of Municipal Council, Parbhani held in 2006 on a seat reserved for backward class citizen. The Collector, Parbhani had submitted a proposal to the respondent No. 2 i.e. The Scheduled Castes, Vimkuta Jatis, OBCs and Special BCs Welfare Certificate Verification Committee, Aurangabad Division, Aurangabad for verification of his caste certificate. Meanwhile, petitioner was directed to submit validity certificate as a condition for continuation of post graduation in Veterinary Science. 3 The petitioner approached this Court challenging the communication dated 04-12-2006 by filing Writ Petition No. 8440 of 2006. The said Writ Petition was disposed of by this Court by order dated 05-03-2009 directing the respondent No. 2 to decide the caste claim of the petitioner within three months from 24-03-2009. The petitioner was directed to appear before the respondent No. 2 Committee on 24-03-2009. In pursuant to order passed by this Court, the petitioner appeared before the respondent No. 2 Committee for personal hearing on 03-06-2009 and again on 10-06-2009. It is further case of the petitioner that, he received report of inquiry conducted by the Vigilance cell dated 04-05-2009 along with show cause notice dated 05-05-2009. On 03-06-2009 and 10-06-2009 the petitioner was called for personal hearing. The petitioner in support of his caste claim submitted the following documents in 4 support of his caste claim before the respondent No. 2 Committee. 1] Copy of the caste certificate issued by Sub Divisional Officer, Aurangabad in favour of the petitioner on 04-09-2000. 2] Copy of the extract of general school register issued by the Headmaster, Model Urdu Primary School, Parbhani for the year 1986 dated 02-04-2005. 3] Copy of the School leaving certificate issued by the Principal, Model Urdu School, Parbhani admission dated 11-06-1993. 4] Copy of certificate issued by the Beldar Samaj Seva Mandal Maryadit Maharashtra dated 10-06-2006. 5] Copy of the certificate of the validity dated 12-06-1990 issued in favour of the real elder brother of the petitioner namely Mohammed Abdul Rasheed issued by the respondent No. 2 Committee. 6] Copy of the certificate of validity dated 06-01-1994 issued in favour of real elder sister namely Ms. Khaneta Parveen d/o Mohammed Abdul Rasheed issued by the respondent No. 2 Committee. 7] Copy of the certificate of validity 5 issued by the respondent No. 2 Committee on 06-11-2004 in favour of real first cousin from the paternal side namely Shri Saif Ul- Islam S/o Mohammed Abdul Hameed. 8] Copy of the certificate of validity issued by the respondent No. 2 Committee on 01-03-2005 in favour of first cousin from the paternal side namely Shri Amer Jamal S/o Mohammed Abdul Hameed. 9] Copy of the school leaving certificate issued in favour of the real elder sister of the petitioenr by the Headmaster, Dr. Zakir Hussain School, Parbhani dated 13-06-1989. 10] Copy of registered sale-deed executed in favour of cousin of his grand father namely Late Shri Abdul Haleem S/o Shaikh Mohiuddin dated 05-10-1954 alongwith its translation in English. 11] Copy of the affidavit executed by Mohammed Abdul S/o Mohammed Abdul Rasheed (real brother) dated 12-07-2006. 12] Copy of the affidavit executed by Ms. Khaneta Parveen d/o Mohammed Abdul Rasheed (real sister) dated 12-07-2006. 13] Copy of the affidavit executed by Mohammed Abdul Khaled S/o Mohammed Abdul 6 Rasheed (real brother) dated 8-08-2006. 14] Copy of the affidavit executed by Saif Ul-Islam S/o Mohammed Abdul Hameed (first cousin brother from paternal side) dated 14-08-2006. 15] Copy of affidavit executed by Amer Jamal S/o Mohammed Abdul Hameed (first cousin from paternal side) dated 14-08-2006. After hearing the petitioner and appreciating the evidence brought on record, the respondent No. 2 -Committee invalidated the caste claim of the petitioner vide order 10-06-2009 holding that some of the documents are of recent origin whereas, certificate of validity issued in favour of his real brothers, sisters and first cousin from paternal side were not of much help since every claim was required to be decide on its own. The respondent No. 2 Committee further held that, the petitioner failed to establish the relation on the basis of registered documents and it was not possible to accept relationship merely on the basis of affidavits filed to that effect. Being aggrieved by the decision dated 10/22-6-2009, this petition is filed by the 7 petitioner challenging the validity, legality and correctness of the same decision. 3. The learned counsel appearing for the petitioner submitted that, the respondent No. 2 ought to have appreciated that the caste claim of real brothers, sisters of the petitioner and that of first cousin from paternal side were verified and found valid by the respondent No. 2 Committee. Whereas, validation orders issued in their favour were not doubted at all. It is further submitted that, the sale deed executed in 1954 in favour of cousin of the grand father of the petitioner being a registered document, the entry regarding caste i.e. Beldar was recorded much prior to recognition of Beldar as Nomadic Tribe. Therefore, learned counsel would submit that, in spite of relevant documentary evidence produced before the Committee, the respondent No. 2 Committee has not properly considered the said documents and came to the erroneous conclusion contrary to the documents on record and invalidated the caste claim of the petitioner. 8 4. The learned counsel appearing for the respondent No. 2 Committee invited our attention to the reasons recorded by the Committee in supports of its decision and submitted that, the document at serial No. 10 & 11 in respect of cousin grand father, the petitioner failed to establish their blood relationship and only filed affidavits showing genealogy and relationship of the petitioner with Shri Abdul Haleem Shaikh Mohiuddin. Therefore, learned counsel for the respondent No. 2 Committee would submit that, the Writ Petition is devoid of any merits and same deserves to be dismissed. 5. We have heard the learned counsel for the respective parties at length. The perusal of the documents submitted by the petitioner before the respondent No. 2 Committee would clearly show that, the caste of the petitioner is ‘Beldar’. It is not in dispute that, caste validation certificates are issued in favour of real brother of the petitioner namely Shri Mohammed Abdul Moyeed S/o Mohammed Abdul Rasheed and also in 9 favour of real sister of the petitioner namely Ms. Khaneta Parveen d/o Mohammed Abdul Rasheed by the Committee. It clearly appears that, validity of those certificates have been tested and accordingly, validity certificates have been issued in favour of the brother of the petitioner on 12-06-1990 and in favour of the sister of the petitioner on 06-01-1994. It is also not in dispute that, two cousin brothers have been issued caste validity certificate on 06-11-2004 and 01-03-2005 stating therein that, they belong to ‘Beldar’ caste. It is also evident from the perusal of the documents produced before the respondent No. 2 Committeee that, caste of the cousin grand father of the petitioner namely Shri Abdul Halleem S/o Shaikh Mohiuddin is mentioned as ‘Beldar’ in sale deed dated 05-10-1954. In case of petitioner, in school leaving certificate caste of the petitioner is mentioned as ‘Beldar’. The Beldar Samaj Seva Mandal has also issued certificate dated 10-08-2006 in favour of the petitioner that, he belongs to ‘Beldar’ caste. Therefore, on perusal of the documents produced before the Committee, it is evident that, caste 10 validity certificate issued in favour of real brother,sister and cousin brothers of the petitioner is tested and it is found that their caste is ‘Beldar’. In addition to this the sale deed dated 05-10-1954 i.e.1342 Fasli shows that, the cousin grand father of the petitioner namely Shri Shaikh Ahmed Mohiuddin Saheb belongs to ‘Beldar’ caste. Even the report submitted by the Vigilance Cell to the respondent No. 2 Committee shows that, the school record of the petitioner shows that he belongs to ‘Beldar’ caste. On perusal of the documents at serial Nos. 5,6,7 & 8 in respect of real brother, sister and cousin brothers of the petitioner, it appears that, committee has brushed aside these vital and relevant documents and by frivolous reasoning has discarded those documents. In fact, the validity of caste certificate of the real brother, sister and cousin brothers of the petitioner has been examined by the Committee and it is found that, they belong to ‘Beldar’ caste. We fail to understand the approach of the respondent No. 2 Committee to invalidate the 11 caste claim of the petitioner, though the caste claim of the real brother, sister and cousin brothers of the petitioner have been validated by the respondent No. 2 Committee. At the cost of repetition it is to be observed that, in the present case not only that, the petitioner has placed on record the caste validity certificate of real brother, sister and cousin brothers of the petitioner, but even old document was placed on record in respect of cousin grand father of the petitioner, which shows that, the cousin grand father of the petitioner belonged to ‘Beldar” caste. Therefore, there are sufficient documents on record which unequivocally indicates that, the petitioner belongs to ‘Beldar’ caste. The petitioner filed affidavit before the respondent No. 2 Committee stating therein the genealogy and his relationship with Shri Abdul Haleem S/o Shaikh Mohiuddin and Shri Shaikh Ahmed Mohiuddin and the copy of the sale deed duly translated in English dated 05-10-1954 was 12 placed on record. Therefore, in our considered opinion, viewed from any angle documents which were placed on record by the petitioner were more than sufficient to hold that, the petitioner belongs to ‘Beldar’ caste. We have come across number of cases in which, the respondent No. 2 Committee has adopted a casual approach and brushed aside a vital documents submitted by the claimants / applicants and passed cryptic decisions even without adverting to each and every document placed on record. Such casual approach of the respondent No. 2 Committee is deprecated. In number of cases, the Committee has not considered the vital documents which are placed on record by the respective claimants. We have also come across some instances where, the Committee has chosen not to comment on certain documents though same were filed before the Committee. We also fail to understand the approach of the Committee that, merely because documents are prior to independence, could not carry evidential value. In fact, the old documents prior to independence 13 would carry great probative value, however, the documents even after independence would carry some evidential value and it cannot be said that those documents are not relevant. In the light of the above discussion, we are of the considered opinion that, petitioner Mohammed Abdul Majed S/o Mohammed Abdul Rasheed belongs to caste ‘Beldar’. 6. The Writ Petition succeeds, the petition is allowed and the order passed by the Respondent No. 2 i.e. The Scheduled Castes, Vimukta Jatis, OBCs and Special Bcs Welfare Certificate Verification Committee, Aurangabad Division, Aurangbad dated 10/22-06-2009 is hereby quashed and set aside and it is hereby declared that, the petitioner belongs to ‘Beldar’ caste, and the respondent No. 2 Committee is hereby directed to issue caste certificate of validation as ‘Beldar’ to the petitioner. [ S.S. SHINDE, J ] [ A.M. KHANWILKAR, J ] SDM* WP6129.09