The removal of area restrictions by the Amending Act of 1976 rendered reliance on area restrictions from the 1950 Order impermissible, and Pre-Independence documents hold a higher probative value in establishing caste status.

JUDGMENT

R.N. Laddha, J. - This Petition is directed against the Decision and Order dated 09.10.2012 of the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar (for short, "the respondent Committee), the respondent No. 2 in this petition, invalidating the Caste Certificate dated 03.10.2001 issued to the Petitioner, by the Sub-Divisional Officer, Bhusawal, District Jalgaon, certifying that she belonged to the "Thakur, Scheduled Tribe", notified in terms of the Constitution, (Scheduled Tribe) Order, 1950.

2. It is the case of the Petitioner that she was appointed as Clerk-cum-Typist by the Collector, respondent No. 1 herein, against the post reserved for Scheduled Tribe. Her Tribe claim was referred to the respondent Committee for confirmation of her status as Scheduled Tribe. She had made an application to the respondent Committee under Rule 11 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 and had submitted several documents including the documents of pre-Constitutional period and the validity certificate issued to her relatives. The respondent Committee referred the documents for verification to Vigilance Cell, who, in turn, made investigation and submitted its report. A copy of the report of the Vigilance Cell was supplied to her. An?opportunity of hearing was also granted. The respondent Committee, after evaluating the documents, by an Order dated 09.10.2012 rejected her claim.

3. Aggrieved by and dissatisfied with the said Order, the present Writ Petition has been filed.

4. Mr. Mahesh Deshmukh, the learned Counsel appearing for the petitioner submits that several documents were relied upon and though all of them are genuine, the affinity test has been resorted to. It was submitted that the respondent Committee ought to have considered the documentary evidence and should have placed greater reliance on pre-independence documents. It was submitted that the affinity test is not a decisive test for establishing the link of the petitioner with the Scheduled Tribe and in present facts, when all documents conclusively establish the caste claim as Thakur, merely because some doubts were entertained by the respondent Committee in relation to affinity and customs, those documents have been en-block disbelieved. Further, it has been submitted that the Caste Validity Certificates produced on record of the blood relatives of the petitioner have been overlooked. It was submitted that the issue of area restrictions has now been put to rest in the light of the decision of the Hon'ble Supreme Court.

5. Learned Counsel for the Petitioner submits that the Caste Scrutiny Committee is duty bound to read the entry in Constitution (Scheduled Tribes) Order, 1950 at serial No. 44 as it is and it was not open to the respondent Committee to make any addition or subtraction in the Presidential Order. The respondent Committee obtained so called material evidence of the person who was not a blood relation of the petitioner.

6. Mr. A.R. Kale, learned Additional Government Pleader appeared on behalf of the respondents and contended that there was no substance in the arguments put forth on behalf of the petitioner. It was emphasised that the Vigilance Report giving all the details regarding social, cultural and anthropological traits and characteristics and traditions, have been considered properly by the respondent Committee. In his view, mere mentioning of "Thakur" against the caste column in any public document cannot be a sole ground to hold that the person belongs to "Thakur Scheduled Tribe". He contends that "Thakurs" are available in both forward and backward communities. In such circumstances, according to the learned Additional Government Pleader, affinity test is crucial. It was submitted that the petitioner could not establish any affinity and ethnic linkage towards the Thakur Scheduled Tribe community.

7. According to the learned Additional Government Pleader, though area restrictions ha