N. V. DABHOLKAR, J.:- Heard learned advocates for respective parties.

2. Rule. Rule returnable forthwith. By consent of parties, petition is heard finally. Mr. Deshmukh, Advocate has vehemently opposed the writ petition and he has supported every reason recorded by the scrutiny committee on the same line of arguments as the reasons recorded by the committee.

3. Petitioner who is selected as clerk-cum-typist on a post reserved for Scheduled Tribe, challenges order dated 21-4-05 delivered by the Committee for Scrutiny and Verification of Tribe Claim, Aurangabad, Division, Aurangabad by which claim of the petitioner of belonging to S.T. Koli Mahadeo is invalidated.

4. On going through impugned order, it appears that as many as 11 documents were produced before the scrutiny committee and were considered by the scrutiny committee. Documents at Sr. Nos. 1 to 5 were xerox copies of extracts of certificates and school record respectively. In all these documents caste of the petitioner and his father seems to have been registered as Hindu Mahadeo Koli. From these documents, document at Sr. Nos. 1 and 3 can be said to be under scrutiny because those are certificates issued to the petitioner and xerox copy of his birth certificate. Eventually birth certificate of the petitioner is dated 24-6-1975 and in the birth certificate issued by Health Officer, Municipal Council, Aurangabad caste of the petitioner is recorded as Hindu Mahadeo Koli. Atleast it can be said that none of these documents cause any adverse effect on the tribe claim of the petitioner.

Document at Sr. No.6 is original copy of Urdu document purportedly extract of admission register issued by Zilla Parishad, Midctle School, Chavani, Aurangabad. The same is pertaining to admission of the father of petitioner viz. Jagdish Malharrao. In the said certificate religion/caste is recorded as Hindu and sub-caste Mahadeo Koli is not recorded, although there is a column for subcaste. This one is the document having adverse effect on the tribe claim of the petitioner. Document at Sr. No.7 is affidavit sworned by . one Shankar Gangaram Amberao whose caste certificate was validated by this High Court in Writ Petition No.753/84 on 17-10-85. In his affidavit this affiant has claimed to be the relative of the petitioner. From the affidavit of the petitioner at paper book page 29 affiant Shankar Gangaram Amberao seems to be maternal cousin. Since the affiant is not cousin with paternal side, we are inclined to ignore this piece of evidence. Documents at Sr. Nos.9 and 10, certificate issued by Akhil Bhartiya Adiwasi Koli Samaj Sanghatana as also birth certificate of the brother of the petitioner recorded the caste to be Mahadeo Koli and if these documents are to be considered not weighty (birth date of brother of petitioner is 3-2-1990) those atleast did not cause any adverse effect on the tribe claim of the petitioner.

5. We find that documents at Sr. Nos.8 and 11 could not have been ignored by committee. Document at Sr. No.8 is an Urdu document and translation is provided which appears to be a rent note executed on stamp paper of Re.1/- of 1938 A.D. by grand-father of the petitioner viz. Malharrao Balya Gode. Eventually, immediately after name and age of the executor his caste is also referred as Mahadeo Koli.

6. We have perused original document made available for ready reference by learned counsel for the petitioner. The age of the paper and the ink (document is laminated) does not create any doubt in our mind nor scrutiny committee has expressed any doubt about this document. The scrutiny committee has rejected this document on the sole ground that this is an unregistered document. We find the reason of the scrutiny committee to be inadequate to reject this document in toto. The learned counsel has also produced for our perusal one additional document and we have perused that after giving Advocate Shri. Deshmukh an opportunity to peruse the same. It seems to be a document on a stamp pap

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