Summary: In a big win, the Bombay High Court decided in favor of the petitioners, Alim Shah Iqbal Shah and Soyab Shah Rustam Shah, recognizing their claim to the Chhapparband tribe. The court reversed earlier decisions by the District Caste Scrutiny Committee that had turned down their tribe claims.
The case involved two petitions filed by Alim Shah Iqbal Shah, an 18-year-old student, and Soyab Shah Rustam Shah, a 33-year-old farmer. Both petitioners claimed they were part of the Chhapparband tribe, which is recognized as Vimukta Jatis (VJ). They challenged the orders by the District Caste Scrutiny Committee, Amravati, which had rejected their tribe claims.
Alim Shah Iqbal Shah and Soyab Shah Rustam Shah argued that they should be recognized as part of the Chhapparband tribe, supported by tribe validity certificates of their relatives. However, the Caste Scrutiny Committee had rejected their claims, pointing to documents that listed their caste as 'Fakir', which is categorized under Other Backward Classes (OBCs) in Maharashtra.
"The committee failed to consider that once a tribe claim in the family is decided, the Caste Scrutiny Committee cannot refuse the same status to his/her family member who applies."
The petitioners showed tribe validity certificates of their relatives, including a cousin uncle, Rahmat Shah, and a real uncle, Salim Shah. Despite these, the committee had initially rejected their claims, saying that the documents showed their caste as 'Fakir'.
The petitioners' lawyer mentioned several past cases where the court had ruled in favor of petitioners with similar claims, stressing that the validity certificates of family members should be enough for recognition.
The court, led by Judges M.S. Jawalkar and Raj D. Wakode, found that the committee had made a mistake in its judgment. The court noted that the earlier validity certificates were not fake and should be respected.
"The court declared that the petitioners have clearly shown that they belong to 'Chhapparband' Vimukta Jati."
The court canceled the earlier orders by the Caste Scrutiny Committee and told them to issue validity certificates to the petitioners within eight weeks. This decision highlights the importance of recognizing tribe claims based on family validity certificates and sets an example for similar cases in the future.
