Ancestors’ School Records Valid Evidence of Caste: Bombay HC Protects Sales Tax Inspector’s Reserved Appointment [Read Order]

The Bombay High Court granted relief to a Sales Tax Inspector whose reserved appointment had been impacted after the invalidation of his Scheduled Tribe certificate. The Court held that school records of ancestors, particularly those from the pre-independence period constitute valid and significant evidence in determining claims regarding belonging to a particular caste.

Brothers Avinash Bharat Ahire and Tushar Bharat Ahire filed a writ petition challenging the invalidation of their claim of belonging to the “Thakur - Scheduled Tribe.” by the Scheduled Tribe Certificate Scrutiny Committee, Nashik. This invalidation directly impacted Avinash Ahire’s appointment as a Sales Tax Inspector - a post he had secured under the reserved category allotted for members of the caste.

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The petitioner’s caste certificate had been originally issued by the Sub-Divisional Officer, Malegaon, based on documentary evidence. During the verification of his tribe claim, the petitioner produced multiple records including school documents of his grandfather dating back to 1917, school records of his father and siblings, and caste validity certificates issued to his real brother and cousin, all of which confirmed their belonging to the “Thakur” caste.

A subsequent vigilance inquiry validated the claim, even affirming that the mentioned close relatives of the petitioner had all been granted caste validity certificates after due scrutiny.

However, the Scrutiny Committee invalidated the claim, relying on the affinity test and the petitioner not having resided in the area specified for tribals prior to the year 1976. Aggrieved, the petitioner has filed the instant writ seeking quashing of the Committee’s order and protection of his employment.

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Sahil Chaudhari appeared on behalf of the Petitioner and Assistant Government Pleader, Prabhune appeared on behalf of the Respondent-State.

The Division Bench of Justice G. S. Kulkarni and Justice Aarti Sathe observed that the Committee had failed to appreciate the substantial documentary evidence placed on record.

Specifically, the Court noted that the school record of the petitioner’s grandfather from 1917 clearly established the family’s association with the “Thakur” Scheduled Tribe and that such documents from the pre-independence period carry significant probative value.

The Bench also noted that the Committee had disregarded the caste validity certificates of the petitioner’s cousins and real brother despite there being no evidence of fraud or misrepresentation in the issuance.

The Court referred to its own decision in Sneha Digambar Mochewad Vs. The State of Maharashtra & Ors. (2017) among others to affirm its stance.

Regarding the affinity test, the High Court reiterated that it is not a conclusive test for determining a caste or tribe claim.

Accordingly, the High Court held that the petitioner had successfully established his claim as belonging to the “Thakur” Scheduled Tribe and granted relief. The Court also directed the issuance of a Caste Validity Certificate and ruled that the petitioner was entitled to continue in his appointment as a Sales Tax Inspector under the reserved category.

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