( 1 ) RULE. Rule, is taken up for hearing forthwith, with the consent of respective Advocates.

( 2 ) IN this petition, the petitioner challenges order dated 12-9-2002 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad (hereinafter referred to as "the Committee") invalidating his tribe claim.

( 3 ) THE relevant facts in brief are that the petitioner belongs to "mahadeo koli" Scheduled Tribe. Caste certificate was issued in favour of his father by sub-Divisional Officer. The petitioner was taking education. He required caste certificate. For this purpose, he approached the Sub-Divisional Officer. Although his father was holding the caste certificate, the SDO refused to issue caste certificate. The petitioner was, therefore, constrained to approach this Court by filing Writ Petition No. 4572/1997 seeking a direction to the Sub-Divisional officer for issuing caste certificate in his favour. This Court allowed the petition with a direction to the SDO to issue the certificate and forward it to the Scrutiny committee, for verification. After the certificate was referred to the Committee, the petitioner appeared before it and produced voluminous documentary evidence in support of his tribe claim. Home enquiry was then conducted by the Vigilance cell. Report of the Vigilance Cell was made available to the petitioner and opportunity was given to him to submit his clarification. The petitioner and his father were examined in respect of cultural affinity and ethnic linkage with "mahadeo Koli", Scheduled Tribe. On consideration of the documents and the report of Vigilance Cell, the Committee found that all the documents produced by the petitioner were of recent origin. The Presidential Order including "mahadeo Koli" as a Scheduled Tribe was issued in the year 1950. However, the petitioner could not produce any documents for the period prior to 1950. The committee, further, found that the petitioner has failed to establish affinity and ethnic linkage with "mahadeo Koli" Scheduled Tribe. In this view of the matter, the Committee rejected the tribe claim of the petitioner by an order dated 12-9- 2002. This order of the Committee is impugned by the petitioner in the present petition.

( 4 ) IT is the case of the petitioner that his parents and other blood relatives are illiterate and, as such, documentary evidence available to him is in the form of his birth certificate, school leaving certificate and caste certificates issued by various authorities. As his blood relatives are illiterate, the Committee ought not to have insisted on production of Pre-Presidential Order documents as they were not available. In a case where the old documents are not available the caste/tribe claim will have to be decided on the strength of home enquiry conducted by the vigilance Cell and affinity test. In such cases, the Scrutiny Committee cannot reject the claim merely on the ground that the claimant is not in possession of the documents issued prior to the promulgation of Presidential Order, 1950, in order to substantiate his claim.

( 5 ) THE question in respect of mode of deciding the tribe claim in such cases, has been considered by the Division Bench of this Court, in the matter of prabhu Narayan Survase vs. State of Maharashtra reported in 2004 (4) All MR 815. In clause (f) of Para 11 of the Report, the Court observed thus :" (f) In the absence of documentary evidence, the duty of the Committee will be to permit the candidate to lead evidence of tribal traits and characteristics, by answering the questionnaire prepared in respect of his tribe and also allow any evidence on affidavit to be led on which the candidate can be questioned. That material including in cases where there are documents should be made available to the Vigilance Officer who will verify the same by following the procedure laid down in judgment of the Apex Court referred to earlier to find out the authenticity or genuineness of the claim. "

( 6 ) SIMILAR view is taken

Click Here to Read the rest of this document