JUDGMENT :

MILIND N. JADHAV, J.

1. Heard finally by consent of the parties.

2. By this Petition, the Petitioner has challenged the order dated 11.06.2014 passed by the Scheduled Tribe Caste Scrutiny Committee, Gadchiroli Division, Nagpur (in short 'the Committee') invalidating the claim of the Petitioner as belonging to "Mana" (Scheduled Tribe category) and consequently cancelling and confiscating the caste certificate dated 05.01.2012 issued in the name of the Petitioner as belonging to "Mana" Scheduled Tribe. The impugned order also states that if the Petitioner had been given admission on the seat reserved for Scheduled Tribe candidate, in that case, her admission is liable to cancelled forthwith and any scholarship paid to her be recovered as arrears of land revenue. The Petitioner is presently studying in IInd year M.B.B.S. course in Respondent no.2-College. Being aggrieved, the Petitioner has knocked the doors of this Court.

3. Before the Committee, the Petitioner had produced eight documents for seeking validity of her caste claim, viz.,

(i) 5 th Standard School Leaving Certificate and extract of School Admission Register dated 05.07.1999 of Seema Mukunda Nannaware (Petitioner);

(ii) 12th Standard School Leaving Certificate dated 06.07.1999 of Seema Mukunda Nannaware (Petitioner);

(iii) 7th Standard School Leaving Certificate dated 13.07.1966 of Mukunda Sitaram Nannaware (Father of the Petitioner);

(iv) 11th Standard School Leaving Certificate dated 07.07.1986 of Mukunda Sitaram Nannaware (Father of the Petitioner);

(v) Caste Validity Certificate dated 16.11.2009 of Shilpa Mukunda Nannaware (Sister of the Petitioner);

(vi) Revenue Record extract of the year 1918-1919 of Soma S/o. Gondu Mana (Great Grandfather of the Petitioner);

(vii) Adhikar Abhilekh of the year 1954-55 of Ravaji S/o. Kavadu Mana (cousin Great Grandfather of the Petitioner);

(viii) 7/12 extract of land belonging to and bearing the name and caste of Mukunda Sitaram Nannaware (Father of the Petitioner). Out of these eight documents, two documents standing in the name of the Petitioner recorded her caste as "Mana", viz. 5th standard School Leaving Certificate and extract of School Leaving Register and 12th standard School Leaving Certificate. Three other documents standing in the name of Petitioner's father, viz. dated 13.07.1966, 07.07.1986 and 2010-11 also recorded the caste of the Petitioner's father as "Mana". These three documents are 7th standard School Leaving Certificate, 11th standard School Leaving Certificate and extract of 7/12 pertaining to land belonging to the Petitioner's father. Further, the Petitioner had produced one document of the year 1918-19 in the name of her great grandfather recording his caste as "Mana". Another document of the year 1954- 55 also recorded the caste of her cousin grandfather as "Mana". Lastly, the Petitioner had produced the caste validity certificate dated 16.11.2009 of her real elder sister which recorded and validated her caste as "Mana". On the strength of the above eight documents, vigilance enquiry was conducted and three out of the above eight documents pertaining to years 1918-19, 1955, 1956 were obtained by the Police Inspector, which certified the caste recorded in the said documents belonging to her great grandfather, uncle and father as "Mana".

4. The copy of Vigilance Report was served on the Petitioner. The Petitioner was represented by her uncle and elder sister Shilpa Mukunda Nannaware before the Committee at the time of hearing and made their submissions. After considering the documentary evidence available on record, oral and written submissions, the Committee recorded its findings alongwith reasons, interalia, negating the tribe claim of the Petitioner. However, while recording the reasons, on the basis of documentary evidence available on record, the Committee recorded a specific finding in paragraph no. 7 of the impugned order which reads thus :-

"So far as documentary evidence is concerned, the caste of