Oldest pre-Constitutional documents hold more probative value than subsequent entries; a claimant is entitled to a Validity Certificate unless proven otherwise.

JUDGMENT :

Abhay J. Mantri, J.

Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

(2) The challenge is raised to the order dated 12/07/2022 passed by the respondent Scheduled Tribe Caste Scrutiny Committee (for short- ‘the Committee’), thereby invalidating the claim of the petitioner that he belongs to “Halbi/Halba” Scheduled Tribe.

(3) The petitioner claimed that he belongs to the “Halbi” Scheduled Tribe; accordingly, the Sub Divisional Officer, Umarkhed, issued a caste certificate in his favour. The petitioner, being qualified to contest election as Councillor, submitted a nomination form from Ward No.13, Nagar Panchayat, Dhanki, District Yavatmal, from the Scheduled Tribe category. The petitioner also submitted his caste certificate along with the nomination form. The nomination form was accepted on the ground that the petitioner would submit his caste claim for verification; accordingly, through Election Officer Dhanki, the petitioner submitted his proposal for verification of the caste to the respondent Committee in the prescribed form.

(4) The same was pending with the Committee; therefore, he filed a Writ Petition No.2410/2020 before this Court seeking direction against the respondent Committee to decide his tribe claim. Pursuant to the same, vide order dated 01/12/2021, this Court directed the respondent Committee to decide the tribe Claim of the petitioner within four months from the date of order.

(5) The respondent Committee was dissatisfied with the documents produced by the petitioner and, therefore, forwarded his proposal to the Vigilance Cell for a detailed enquiry. The Vigilance Cell thoroughly inquired into the matter and submitted its report dated 28/06/2022, observing that some adverse entries, i.e. “Marathi, Koshti and Sadi,” had been found against the petitioner. Accordingly, the Committee issued a show-cause notice to the petitioner, calling upon his explanation about the said adverse entries. Pursuant to the said notice, the petitioner submitted his explanation to the Committee on 05/07/2022 and denied the observations made by the Vigilance Cell in its report. After considering the Vigilance Cell report, explanation and documents on record, the Committee invalidated the petitioner’s claim that he belongs to the “Halbi” Scheduled Tribe, hence this petition.

(6) Mr.Ashwin Deshpande, learned Counsel for the petitioner, vehemently argued that the petitioner, in support of his claim, has produced 21 documents, out of which 05 documents are pre- Constitutional era documents from 1912 to 1937 pertaining to his grandfather, great-grandfather and cousin grandfather wherein their caste has been recorded as “Halbi”. Those documents are the oldest ones. However, the Committee has not considered the said documents in its proper perspective, gave undue weightage to the subsequent documents and erred in discarding the tribe claim of the petitioner.

(7) He further canvassed that pursuant to the order of this Court on 14/03/2018, 29/08/2019 and 15/01/2020, the Committee has issued Validity Certificates in favour of his Niece – Shweta, Nephew – Rishikesh and Son – Kunal. Therefore, as per the law laid down in the case of Apoorva d/o Vinay Nichale vs. Divisional Committee 2010 (6) Mh.L.J. page 401, the petitioner is entitled to get the Validity Certificate.

Lastly, he submitted that the affinity test cannot be found to be the basis for rejecting the claim, as it cannot be termed as a litmus test. Therefore