Pre-1956 certified documents hold presumptive probative value in tribe claims; rejection sans expert rebuttal on interpolation invalid. Non-existent adverse entries mere corruptions, not negating consistent old records; affinity test corroborative, not decisive.

JUDGMENT :

M. S. JAWALKAR, J.

1. Heard. Rule. Rule is made returnable forthwith.

2. As similar issue is involved in all the matters and they are being relatives, the matters are taken up together for consideration and finally heard at the request and consent of the parties. The Writ Petition No.5735/2018 is taken and treated as lead petition and facts and documents in the said matter has taken into consideration for the common judgment.

3. The petitioner claims that he belongs to ‘Mannewar’ Scheduled Tribe, which is enlisted at Sr. No.18. It is submitted that the petitioner was required to file second Writ Petition No.4095/2012, which came to be disposed of on 31.07.2013. The said petition came to be partly allowed as there was no opportunity granted to the petitioner to made out his claim. Moreover, the petitioner was present but he was shown as absent and material document which he has placed on record, the entry of 29.01.1950 showing Lachaman Ashanna as ‘Mannewar’ in his death certificate is also not considered. In view thereof, this Court quashed and set aside the impugned order dated 11.07.2012.

4. It is further submitted that in 3^rd round of litigation even after observing by this Court in Writ Petition No.1216/2014 dated 13.04.2015, whereby the order of Committee dated 12.02.2014 was set aside and this Court recorded that old documents of 1938 and 1950, pertaining to entry of tribe in respect of Malla @ Pochya and Lachman Ashanna have great probative evidentiary value. These two documents rejected by the Scrutiny Committee on flimsy ground and passed the impugned order dated 25.07.2018.

5. The petitioner submits that he belongs to ‘Mannewar’ Scheduled Tribe and there is a sufficient supporting and clinching documentary evidence in support of his tribe claim. The petitioner originally resident of village Allapalli, Tahsil Aheri, District Gadchiroli. There is a Caste Certificate issued by the Executive Magistrate, Aheri dated 14.08.1991 in favour of father of the petitioner namely Ashalu S/o Pocham Togarwar certifying that he belongs to ‘Mannewar’ Scheduled Tribe. It appears that in earlier round of litigation in Writ Petition No.1216/2014, this Court specifically observed that, “the Scrutiny Committee has erroneously observed that the petitioners have sought the benefit meant for ‘Mannewar’ Scheduled Tribe by fabricating a document, as there is nothing on record to show that the petitioners had interpolated the extract of Admission Register in which the caste of one of the petitioners was recorded as ‘Mannepawar’. This is not a case where the initial entry was ‘Mannepawar’ and the petitioner had interpolated the document or converted the entry from ‘Mannepawar’ to ‘Mannewar’. The Scrutiny Committee was directed to decide afresh and matter was remitted back”.

6. Per contra, the respondent Committee contends that the petitioner’s tribe claim was duly verified as per Rule 12(2) through a detailed inquiry conducted by the Police Vigilance Cell including home, school and record verification. It is submitted that the Vigilance Cell found entries of ‘Mannepawar’ in the school and revenue records of the petitioner’s blood relative. The extract of Admission Register relied upon by the petitioner showed apparent interpolation. The vigilance inquiry also revealed inconsist