The importance of pre-independence documents and the validation of tribe certificates for blood relatives unless obtained through fraud or misrepresentation.

JUDGMENT :

R. N. Laddha, J.

Heard the learned counsel for the parties.

2. Rule. The Rule is made returnable forthwith with the consent of and at the request of the learned counsel for the parties.

3. In all these matters, a common issue of law and facts arises. Therefore, with the consent of the learned counsel for the parties, these petitions are taken up for hearing together.

4. The Petitioners question the Respondent-Scrutiny Committee’s decisions and orders invalidating their tribe certificates belonging to Koli Mahadev-Scheduled Tribe. Further, they sought directions to the Scrutiny Committee to issue a certificate of validity in their favour.

5. Facts giving rise to the Writ Petition No. 5517 of 2022 is that the Petitioner claims to belong to Koli Mahadev, Scheduled Tribe. The Petitioner was, therefore, granted Tribe Certificate by the Competent Authority on 18.05.2005, certifying that he belonged to the Koli Mahadev - Scheduled Tribe. Being a student, the Petitioner was required to submit a tribe certificate for prosecuting higher studies. The tribe certificate of the Petitioner, as per procedure, was forwarded to the Respondent Committee for verification. Before the Respondent Committee, the Petitioner produced several documents, which consisted of, pre-constitutional period documents, the certificates of validity issued to his blood relatives and the copies of several orders passed in various writ petitions whereby the Respondent Committee was directed to give validity certificates to the blood relatives of the Petitioner from his paternal side.

6. The Respondent Committee referred the documents for verification to the Vigilance Cell. The Vigilance Cell made the investigation and submitted its report. A copy of the report of the Vigilance Cell was supplied to him. An opportunity for a hearing was also granted. The Respondent Committee, after evaluating the documents by an order dated 07.03.2022, rejected the Petitioner’s tribe claim. The Respondent Committee has also recorded that the Petitioner failed the affinity test. The Respondent Committee made a specific reference to the case of Arya Vaibhav Umbarje, cousin of the Petitioner. It stated that the Committee, by its order dated 21.12.2021, invalidated her tribe claim. The Respondent Committee also referred to some of the blood relatives of the Petitioner and recorded that the tribe’s claim of those relatives of the Petitioner was already invalidated by it on the ground that contra entries were found during the enquiry.

7. In Writ Petition No. 5519 of 2022, the Petitioner states that he is a student. Since the submission of tribe validity certificate is the condition precedent to confirm his admission, he moved the Respondent Committee through his College and, had submitted several documents, including the certificates of validity given to his blood relatives, orders in various writ petitions whereby the Respondent Committee was directed to give validity certificates to his blood relatives. After completing the required formalities Respondent Committee rejected his tribe’s claim.

8. In Writ Petition No. 5522 of 2022, Petitioner Chandrakant was granted a tribe certificate by the competent authority on 06.10.1995. Based upon the said certificate, he was appointed as a primary school teacher under the reserved category of the scheduled tribe by an order dated 18.11.1996. The Petitioner works with Respondent No. 3. His tribe certificate was also referred to Respondent Committee for verification. The Respondent Committee, however, after about 20 years, on 12.02.2015, invalidated his tribe certificate on technical grounds keeping the merits of the case open and granting liberty to the petitioner to obtain a fresh certificate in the prescribed format. Accordingly, he received a new tribe certificate dated 27.03.2018 from the competent authority in the prescribed form certifying that he belongs to Koli Mahadev-Scheduled Tribe. After that, again, he moved the Respondent Committee for