The probative value of the oldest document showing the caste as 'Halbi', the binding nature of previous judgments, and the inability of the Committee to express doubt on the genuineness of validity certificates.

JUDGMENT

M.S.Jawalkar, J. - Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

2. The petitioner claims to belong to 'Halbi' Schedule Tribe. The Sub-Divisional Officer Revenue, achalpur had issued a Caste Certificate to the petitioner as belongs to 'Halbi'. The petitioner has completed B.E Course (Mechanical) from College of Engineering run by Marathwada Mitra Mandal, Kurvey Nagar, Pune. The petitioner had sent his Caste Claim for verification to the respondent-Schedule Tribe Caste Certificate Scrutiny Committee (in short, ' the Committee') through the College alongwith relevant documents and validity certificates. as his caste claim was pending since long, he filed a Writ Petition bearing No. 2585/2020 before this Court, in which, the directions were issued to decide the caste claim within 3 months, inspite of it, the caste claim was not decided and thereafter, the petitioner constrained to file a Contempt Petition bearing No. 151/2021 before this Court. During the pendency of the Contempt Petition, the respondent - Committee invalidated the caste claim of the petitioner. Presently, the petitioner is challenging the order dated 22/07/2021 of the respondent - Committee invalidating the caste claim of the petitioner.

3. The learned counsel for the petitioner submits that although there are several validity certificates placed on record, the respondent - Committee without any reason, discarded the same.

4. The petitioner further submits that the 'Halbi' Schedule Tribe is recognized as Schedule Tribe in the State of Maharashtra and included at Sr. No. 19 in the Constitutional Schedule Tribe Order, 1950. The show cause notice was sent to the petitioner alongwith the copy of the Police Vigilence Report dated 09/05/2018 by the respondent - Committee seeking explanation on the said report. The petitioner submitted the detailed reply on the same, stating that, as Police Vigilence in its report came up with some 'Koshti' documents, they are not from the petitioner's family and therefore, there is no relation with these documents and thus the said documents cannot be relied upon. There are 5 validities in the family of the petitioner, which the petitioner placed before the respondent Committee.

5. The petitioner submits that the respondent - Committee has erred in invalidating the caste claim of the petitioner for 'Halba/Halbi' Schedule Tribe Category. The findings recorded by the respondent - Committee are based upon totally irrelevant consideration and factors. It is not the case of the respondent - Committee that the documents placed on record are bogus, false, non-existent or fabricated. all the documents are pertaining to the period prior to 1950 and onwards, unequivocally and undisputedly indicate the claim of the petitioner as 'Halba/Halbi' Schedule Tribe. When the documents on record conclusively establish that the petitioner belongs to 'Halba/Halbi' Schedule Tribe, then it is not permissible for the respondent - Committee to go into affinity test and to reject the claim of the petitioner. The Committee failed to appreciate that the petitioner originally hails from achalpur city which is border area of Melghat and is earmarked for 'Halba/Halbi' Tribals in the map of the Tribal area prepared by the State Government of Maharashtra. The respondent - Committee considered the irrelevant documents and has not given consideration to the genuine documents and also validity certificates which are issued in the family. The allegation is that the documents showing caste as 'Koshti' was suppressed by the applicant/petitioner. However, as those documents do not belong to the petitioner's family, then there is no question of suppression. The oldest documents in respect of the petitioner's grandfather and great great grandfather are of 1920, 1929 and 1930 onwards showing the c