The probative value of pre-independence documents, the importance of caste validity certificates, and the limitations of the affinity test influenced the court's decision.

JUDGMENT

S.G. Dige, J. - Rule. Rule made returnable forthwith. With consent of both parties, heard finally at admission stage.

2. By this petition, the petitioner is challenging the impugned decision of the Scheduled Tribes Scrutiny Committee, Aurangabad Division, Aurangabad - respondent no. 2 (for short, "the Scrutiny Committee") dated 15th December, 2 021 invalidating the tribe claim of the petitioner as belonging to "Thakur, Scheduled Tribe community.

3. Brief facts of the case are as under :-

The tribe certificate of the petitioner as belonging to Thakur, Scheduled Tribe was referred to respondent no.2 - Scrutiny Committee for verification through the College of petitioner along with the documentary evidence of 1337 Fasli and certificates of validities issued in favour of his real brother - Subham Ashok Nikam, cousin brother - Yeshraj Dilip Nikam and cousin sister - Tanushree Dilip Nikam under the orders passed by this Court in respective Petitions. The Scrutiny Committee had referred the matter for vigilance inquiry. After receiving vigilance cell report, the Scrutiny Committee served copy of the vigilance cell report to the petitioner directing to submit reply to it. Accordingly, the petitioner had filed reply to the vigilance cell report. Considering the documents on record and vigilance cell report, the Scrutiny Committee invalidated the Tribe claim of the petitioner vide the impugned order.

Against the said order, this Petition.

4. It is contention of learned counsel Shri Yeramwar for the petitioner that the Scrutiny Committee overlooked documentary evidence since 1337 Fasli showing the social status of the family of the petitioner namely as Thakur, Scheduled Tribe. The Vigilance Cell Officers intentionally did not collect the proper evidence, which shows that the petitioner was belonging to Thakur Scheduled Tribe. The caste validity certificates are issued in favour of the petitioner's real brother, cousin brother and cousin sister. The Scrutiny Committee has discarded the evidentiary value of these validity certificates. These certificates of validities have been granted by this Court that too after considering all aspects but it was not considered by the Scrutiny Committee. The learned counsel for the petitioner relied upon the judgments in the cases of Anand V. Committee for Scrutiny and Verification of Tribe Claims and others, reported in 2011(6) Mh.L.J. (S.C.) 919, Shubham Ashok Nikam V/s Director of Technical Education, Maharashtra State and others in Writ Petition No. 10202 of 2018, decided on 20th July, 2021 and Yashraj S/o Dilip Nikam V/s The State of Maharashtra and another in Writ Petition No.5293/2021, decided on 25th March, 2021.

5. It is the contention of learned Addl. G.P. Mr. Patil that there are contra-entries in the record of the petitioner. The petitioner's relatives have shown their caste as "Maratha" as well as "Bhat". There are contra entries and the petitioner failed to prove affinity test. Hence, the order passed by the Scrutiny Committee is legal and valid.

6. We have considered the submissions of both the learned counsel. Perused the record.

7. The Scrutiny Committee has rejected the caste claim of the petitioner on following three grounds (i)Whether the applicant proves his claim with the help of documentary evidence ? - No, (ii) Whether, the applicant proves his claim through the certificate issued to his close blood relatives ? - No and (iii) Whether the applicant has proved his affinity with community - No.

8. Before coming to the legality of the impugned order, we would prefer to mention that, the real brother - Subham Ashok Nikam, cousin brother Yeshraj Dilip Nikam and cousin sister-Tanushree Dilip Nikam are issued with validity certificate of Thakur, Scheduled Tribe under the orders passed by this Court in respective petitions. The documents produced by the petitioner before the Scrutiny Committee are as under :-

9. This chart shows the oldest entry of the petitioner's grand-father Trambak Shenp