R.K. DESHPANDE, J.

1. Rule, made returnable forthwith. Heard finally with the consent of the learned counsels appearing for the parties.

2. The claim of the petitioner for 'Mana Scheduled Tribe' at Entry at Serial No.18 in the Constitution (Scheduled Tribes) Order, 1950 has been invalidated by Scheduled Tribe Certificate Scrutiny Committee, Nagpur, by an order dated 25-10-2017, which is the subject-matter of challenge in this petition. The validity was sought by the petitioner for the purposes of admission to First Year MBBS Course. The petitioner, after qualifying NEET Examination on 4-6-2018, is waiting for the rounds of admission to the MBBS Course.

3. The petitioner produced several documents, which are the part of School records of his forefathers/blood relatives the petitioner indicating their caste as 'Mana' during the years 1914 to 1943. The relationship of the petitioner with all these persons, viz. Keshav, Ishwar, Dahpat, Dolan, Yesuram, Jaijairam and Hiralal, is not at all disputed. The revenue records in the name of some of these persons pertaining to the years 1918-19 to 1953-55 and the birth extracts/certificates in respect of the children born to all these blood relatives recording the entry Caste 'Mana' during the years 1916, 1922 and 1927 are also not disputed.

4. The Scheduled Tribe Certificate Scrutiny Committee, Nagpur (“the Committee”) records the finding that the documents indicate the entries like 'Mane Ku', 'Mana Ku', 'Ku Mana', 'Mana Kunbi', 'Patil Mana', 'Mane', 'Mani', 'Kunbi', etc., which is a sub-caste or class of 'Kunbi', a non-tribal community. The documents do not speak of social status as tribe or caste when two different social status synonymous groups exist in Society, out of which one is tribe and other is caste of other social status. The Committee holds that the sociocultural affinity test, therefore, plays a vital role.

5. The Committee holds that the Vigilance Cell has obtained adverse record and it, therefore, vide letters dated 13-9-2017, called the explanation of validity holders Ku. Gayatri Tekram Ghormare, Ku. Ujwala Bhaurao Ghormare, Shri Aniruddha Baburao Ghormare, Shri Shobhit Ashok Ghormare, Shri Ashish Ashok Ghormare, Ku. Vithabai Dahpat Ghormare (Sau. Nandatai Sheshrao Randiwe) and Shri Durwas Martand Ghormare, to whom the Committee issued the Conditional Validity Certificates and, therefore, such certificates cannot be the basis for the petitioner to substantiate his claim. The Committee further holds that the Vigilance Cell enquiry was not conducted in respect of these validity certificates and without reasoned order and testing the affinity, the validity certificates were issued as per the directions of the Supreme Court as well as the High Court.

6. The Committee relies upon the Circular/Notification issued by the State of Maharashtra, Education and Sports Department indicating that 'Mana' caste is classified under Other Backward Class category at Serial No. 268 and later the said caste was classified under Special Backward Class category at Serial No. 2 in the list published by the Social Justice Department. The Committee holds that the Government Resolutions dated 24-4-1985 and 12-9-1986 prescribe the guidelines to check the synonymous non-tribal caste to restrict the obtaining of caste or tribe certificates by pseudo tribals.

7. The Committee relies upon the statements of the petitioner's father and paternal cousin grandfather Shri Ishwardas Kashiram Ghormare recorded on 19-8-2017 and 22-8-2017 giving the traits, characteristics and customs of the community to which they belong and further records the finding on comparison with the guidelines contained in the Government Resolutions dated 24-4-1985 and 12-9-1986 that the same do not match with the ordinary place of residence and sociocultural affinity with 'Mana', Scheduled Tribe.

8. The Committee relies upon the population census of 1971 and 1981 of the Scheduled Tribes in the State of Maharashtra and holds that the g