Nandesh S. Deshpande, J.

1. Heard. Rule. Rule made returnable forthwith. Matter is finally heard by consent of the parties.

2. The present petition challenges the rejection of validity certificate by Respondent No. 2-the Schedule Tribe Caste Certificate Verification Committee vide order dated 20th February 2023.

3. We have heard learned Counsel for the parties.

4. Learned counsel for the Petitioner has taken us through the family tree appended at Page 57 of the petition. The father of the Petitioner, namely Sunil, has been granted a caste certificate, appended at Page 36 of the petition.

5. Learned Counsel for the Petitioner submits that the only reason given by the Committee is that the traits/customs followed by the Petitioner's family is different from that of the Thakar tribe. Learned counsel for petitioner has taken us through the old document of 1945, which shows that his forefather, namely Mahadev Gopal Thakar belonged to the Hindu Thakar community.

6. Learned AGP supported the impugned order and prayed to dismiss the Petition.

7. We have considered the submissions and gone through the record. The document of 1945 unequivocally shows that the forefather of the Petitioner belonged to Hindu Thakar. Further, Vigilance report dated 8th November 2022 shows the entry of Mahadev Gopal Thakar reflecting his caste as Hindu Thakar, the report also has entry of School Leaving Certificate of Rajaram Gopal Thakur who is grandfather of the Petitioner, in the said document, the caste clearly mentions therein as ‘Hindu Thakar’. The pre and post independent documents relied by the Petitioner consistently shows that the forefathers belonged to ‘Hindu Thakar’.

8. Thus in our view, the reasoning adopted that the forefathers migrated, and therefore they are not entitled, is perverse in view of the law laid down by the Hon’ble Apex Court in Jaywant Dilip Pawar vs State of Maharashtra and others(2018(5) All MR 975 (S.C.),), wherein the area restrictions are removed for caste claim, thus entitling the petitioner’s claim.

9. As regards to the customs/traits followed by the Petitioner’s family, the said cannot be ground for rejection since he has produced documentary evidence to show his caste as ‘Hindu Thakar’. As held by Hon’ble Apex Court in the case of Anand v. Committee for Scrutiny and Verification of Tribe Claims & Ors((2012) 1 SCC 113), affinity test is not a litmus test especially when there are documentary evidence, pre-constitutional documents have greater probative value and must be considered independently. The Scrutiny Committee conducted an incorrect exercise which is perverse in law.

10. In that view of the matter, we pass the following order:

                    I. The order dated 20th February 2023 passed by Respondent No.2 is quashed and set aside. It is declared that the Petitioner belongs to the ‘Thakar’ Scheduled Tribe.

                    II. Respondent No. 2 Committee is directed to issue a caste validity certificate within four weeks from today.

                    III. Rule is made absolute in above terms.

11. The petition is allowed and disposed of.