JUDGMENT :

M.S. JAWALKAR, J.

1. Rule. Rule made returnable forthwith by consent and request of the parties. The matter is heard finally at the stage of admission.

2. The present petition is filed by the petitioner challenging the order passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati (hereinafter referred to as ‘committee’) dated 29th October, 2020 thereby invalidated the claim of the petitioner. The petitioner claims to belonging to “Thakur” Scheduled Tribe, which is an entry at S. No. 44 of the Constitution (Scheduled Tribes) Order, 1950.

3. The Sub-Divisional Officer, Mangrulpir, District-Amravati has issued caste certificate dated 12.12.2018 of ‘Thakur Scheduled Tribe’ in favour of the petitioner. The petitioner’s claim was forwarded for verification and issuance of validity to respondent-committee. The petitioner submitted all necessary documents including documents prior to year 1950. After forwarding the claim of the petitioner to vigilance cell for necessary enquiry, show cause notice enclosing vigilance cell report was served to the petitioner and the petitioner filed his submission/reply to the said show cause notice. Despite submission of all necessary documents and written submission to show-cause notice, the respondent- committee, without considering the law laid down by the Hon’ble Apex Court and without considering the documents, invalidated the claim of the petitioner, as belong to “Thakur” Scheduled Tribe. The committee rejected the caste claim of the petitioner mainly on the ground that area restrictions, failure in affinity test and abnormal rise in the population after removal of area restriction.

4. Learned counsel for the petitioner submitted that the petitioner has challenged the impugned order passed by the committee on various grounds. The committee failed to appreciate probative value of the pre-constitutional documents showing entry of Thakur caste, those are 1914 upto 1950. There is no dispute about family tree. The petitioner has also produced other validity certificate issued in the name of his blood relative. Learned counsel for the petitioner relied on judgment of this Court in Writ Petition No. 8237/2018 Abhishek S/o Vijay Ingle vs. Vice Chairman/Joint Commissioner, Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati, by which order passed by the committee was quashed and set aside and the petitioner declared as belonging to caste ‘Thakur Scheduled Tribe’. Learned counsel also relied on Anand vs. Committee for Scrutiny and Verification of Tribe Claims and Others, 2011 (6) Mh. L.J. 919, Jaywant Dilip Pawar vs. State of Maharashtra and Others, 2018 (5) All. M.R. 975, Prakesh S/o Shrawan Deore vs. Scheduled Tribe Certificate Scrutiny Committee, Nashik and Others, 2019 (5) Mh. L.J. 228 and the judgment of this Court in Writ Petition No. 6022/2017 with Writ Petition No. 6475/2017 Ku. Pallavi D/o Shri Prakashrao Pawar vs. Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati in support of his contention that affinity test cannot be applied as litmus test while determining the tribe claim and aspect of area restriction is wholly irrelevant for determining the tribe claim in view of the judgment of the Hon’ble Apex Court. He further submitted that committee failed to appreciate relevant documents and gave importance to irrelevant consideration.

5. The Assistant Government Pleader appearing for the respondent-committee supported the impugned judgment and order and submitted that order passed by the committee is fully justified and committee has given detailed reason for invalidating the claim of the petitioner. Thus, no interference is called for under Article 226 of the Constitution of India.

6. We have heard both the parties at length, perused record maintained by the committee. The petitioner has produced following pre-constitutional documents which are as below:

(1) Copy of birth extract register of son born to Dattu Son of Fakira Thakur dated 7.1.1914 showing caste