JUDGMENT - KAMDAR S.U. J.: - The learned Counsel appearing for the petitioner submitted that in the light of the judgment of this Court in (Pandurang Ranganath Chavan v. State of Maharashtra and other)1, 1998(4) Bom.C.R. 462 , (Chandrakant Bajirao Shinde v. State of Maharashtra and others)2, 2003(4) Bom.C.R. 535 and unreported judgments of this Court in Writ Petition No. 2745 of 1988 (Ravi Prakash Babulalsing Parmars v. State of Maharashtra and others)3, decided on 28th July, 2003 and Writ Petition No. 6048 of 2004 and Companion writ petition (Amol Narayan Wakkar and another v. State of Maharashtra and others)4, decided on 14th September, 2004, the impugned order of the Caste Scrutiny Committee dated 10th February, 2003 cannot be sustained. The Scrutiny Committee observed in its order as under :

"Hence it is very difficult to determine either candidate belongs to Thakur caste or Thakur tribe only on the basis of documentary evidence. The test of old documentary entry cannot be applied in this case because the caste entries which are synonymous or having same nomenclature with that of tribes, shows the same nomenclature or name in old document found in case of Scheduled Tribes. Therefore, it is clear that the Thakur claim should be verified with reference to traits, characteristics and customs, i.e. affinity test.

The candidate attended the hearing on 13-1-03 and heard fully. He also submitted his explanation on Vigilance Cell Report on the same day of hearing in which he raised following contentions.

1. The candidate contended that he has submitted enough documentary evidences in respect of his fore fathers and relatives showing Caste entries as Thakur to prove his caste as Thakur.

The test of old documents entry can not be applied to the tribe entries which are synonymous with other categories because entries in respect of upper caste also shows the same entries in old documents as shown in case of genuine Scheduled Tribe. In view of the Madhuri Patil's case, it is necessary to scrutinise the Thakur by the affinity tests. Therefore in such cases along with old record socio-cultural traits, affinity, ethnic linkage with that of genuine Scheduled Tribe are vital. In view of the Madhuri Patil's judgment, it is clear that the caste claim should be decided not only on the basis old record but also, affinity and ethnic linkage of the community of the candidate, with that of Scheduled Tribe claimed, should also be verified and taken into consideration. The Hon'ble Supreme Court in India while deciding the civil Appeal No. 5854/1994 in S.L.P. No. 14767 of 1993 in the case of (Madhuri Patil and others v. Additional Commissioner)5, reported in 1995(2) Bom.C.R. (S.C.)690 have observed that "the ingrained tribal traits peculiar to each tribe and anthropological features all the more become relevant when social status is in acute controversy and needs a decision. The correct projectives furnished in proforma and the material would lend credence and give an assurance to properly consider the claims of the social status and the concerned officer or authority would get in opportunity to test the claimed for social status of particular caste or tribe or tribal community. It or he would reach a satisfactory conclusion on the claimed social status. The father of the appellant has failed to satisfy the crucial affinity test which is relevant and germane one".

"Despite cultural advancement, the genetical trends passed on from generation to generation and no one could forget and escape or get them over. The tribal customs are peculiar to each tribe or tribal communities and are still being maintained and presumed. There cultural advancement to some extent may be modernised and progressed, but they would not be oblivion to or ignorant of their customary and cultural part to establish their affinity to the membership of a particular tribe."

In view of these observations it is must on the part of the candidate to prove his affinity to the group of his peo

Click Here to Read the rest of this document