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It has been once again held by the Bombay High Court that the caste validity certificate to the close blood relation is to be granted after the proper scrutiny. The verification of the close blood relations should be based on the paternal side of the relations.
Writ Petition was filed by Mukesh and Vilas Bastav, brothers challenging the decision of the caste scrutiny committee which said that the certificate issued to the two petitioner brothers are invalid.
Executive Magistrate on 20 June 1994 issued caste certificates to the petitioners and as per the certificates the petitioners belonged to the Mahadeo Koli caste of the Scheduled Tribe category. The petitioners based on these certificates were able to secure jobs with Postal Services and Brihanmumbai Municipal Corporation.
However, on 6 January 2009 it was held by the scrutiny committee invalidated the certificates of the petitioners stating that the petitioners have failed to prove that they belong to the Mahadeo Koli caste.
Although the High Court in its separate judgements has validated the claims of the same caste made by the petitioner’s own sister, their first cousin and their uncle. The bench of Justice Anoop Mohta and Justice Manish Pitale has noted that these judgements of the High Court have not been taken into consideration by the scrutiny committee and they have treated all the cases individually while invalidating the certificates of the petitioners.
The court held that a caste or tribe is inherited from the paternal side and if the same caste certificate is issued to the close blood relations of the paternal side then there is no justifiable reason to deny the certificate to other relations. It is not feasible to scrutinize each claim of the blood relations of the same paternal side.
Citing the judgement in the case of Ashwini Vilas Chavan vs State of Maharashtra & Ors it has been concluded by the court that “It is clear that when caste validity certificates have been granted to close blood relations on the paternal side, the claims of other close relations ought to be upheld.”.
Therefore, the court set aside the order of the scrutiny committee and ordered to issue fresh valid certificates in four week time.