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2012 Supreme(Bom) 1884

S.A.BOBDE, B.R.GAVAI
Sou. Priya w/o Pravin Parate – Appellant
Versus
Scheduled Tribes Caste Certificates Scrutiny Committee – Respondent


Advocates Appeared:
For the Applicants:K.H. Deshpande, Senior Advocate with Shri A.M. Sudame, Advocate. For the Respondents:R1, N.W. Sambre, Mrs. S.W. Deshpande, R2, A.R. Patil, R4, A.L. Deshpande, Advocate, Mrs. Joshi, A.G.P.

Judgment

B.R. Gavai, J.

Rule. Rule made returnable forthwith. By consent of the parties the petitions are taken up for final disposal.

2. All the petitioners are real sister and brothers, who have approached this Court being aggrieved by the decision rendered by the respondent no.1 Committee for Scrutiny and Verification of Tribe Claims, thereby rejecting the claim of the petitioners of belonging to Halba Scheduled Tribe.

3. We have heard the learned Counsel appearing on behalf of the respective parties at length. Shri K.H. Deshpande, learned Senior Counsel appearing on behalf of the petitioners submits that the rejection of the claim of petitioners of tribal status is, only on the ground that the petitioners have failed to prove the affinity test. The learned Senior Counsel submits that the Hon'ble Apex Court in judgment delivered in case of Anand .vrs. Committee for Scrutiny and Verification of Tribe Claims and others reported at 2011 (6) Mh.L.J. 919 has held that an affinity test cannot be considered as a litmus test. He submits that it is further held that if there are pre-Independence documents, the same are to be given more probative value and the affinity test would only act






















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