Facts: The petitioner, Akshay Uttam Gaikwad, claimed to belong to the 'Koli Mahadeo' Scheduled Tribe. The Scheduled Tribe Certificate Scrutiny Committee invalidated his caste claim. The petitioner's father and approximately 20 close blood relatives had previously been issued caste validity certificates. The Scrutiny Committee invalidated the petitioner's claim citing overwritings and interpolations in documents relied upon by the petitioner's father and relatives, and also because a detailed vigilance cell enquiry was not conducted.
Procedural Posture: The case came before the Bombay High Court in a Civil Appellate Jurisdiction as a Writ Petition challenging the order of the Scheduled Tribe Certificate Scrutiny Committee that invalidated the petitioner's caste claim.
Issue: Whether the Scrutiny Committee was justified in invalidating the petitioner's caste claim, considering that numerous close blood relatives, including the petitioner's father, had been issued caste validity certificates, and whether the lack of a detailed vigilance cell enquiry warranted the invalidation.
Holding: The Bombay High Court quashed and set aside the order of the Scrutiny Committee, directing the committee to issue a caste validity certificate to the petitioner as belonging to the 'Koli Mahadeo' Scheduled Tribe within six weeks.
Reasoning: The Court relied on a previous judgment, Apoorva d/o Vinay Nichale v/s. Divisional Caste Certificate Scrutiny Committee No.1, emphasizing that if close blood relatives have been issued a certificate of validity, the petitioner's claim should also be validated unless the committee finds evidence that the relative's certificate was obtained by fraud. The Court noted that while the Scrutiny Committee could test the issuance of validity certificates, the certificates issued to close relatives were not doubted. The court also acknowledged that a show-cause notice had been issued regarding the petitioner's father's certificate, and the issuance of the petitioner's certificate was made subject to the outcome of that notice.