1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 81 OF 2008 Vikas S/o Pandurang Tapse, Age : 22 Years, Occu. : Student, R/o Datta Colony, Majalgaon, Tq. Majalgaon, Dist. Beed. .. .. Petitioner Versus 1. The State of Maharashtra 2. The Tribal Caste Certificates Scrutiny Commissioner, Aurangabad Region, Aurangabad. 3. The Principal, C. P. College of D. Ed. Sailu, Tq. Sailu, Dist. Parbhani. .. .. Respondents Shri F. R. Tandale, Advocate for the Petitioner. Shri P. P. More, A.G.P. for the Respondent No. 1. Shri P. S. Patil, Advocate for the Respondent No. 2. 2 CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE ON WHICH JUDGMENT RESERVED : 08.02.2010. DATE ON WHICH JUDGMENT PRONOUNCED : 04.03.2010 JUDGMENT [ PER N. D. DESHPANDE, J. ] : 01. Rule. Rule made returnable forthwith. Heard finally at the stage of admission with consent of parties. 02. This Court by order dated 09th January. 2008, granted ad-interim relief in terms of prayer clause 'E'. 03. Heard both the sides. 04. By this writ petition the petitioner impugned the decision of respondent No. 2/Tribal Caste Certificate Scrutiny Committee, Aurangabad dated 08.12.2006 invalidating his caste certificate belonging to "Mahadev Koli" Scheduled Tribe and further sought appropriate writ 3 and directions to the respondents. 05. The material facts can be stated briefly as under : The petitioner raised his claim as belonging to "Mahadev Koli" Scheduled Tribe community and on that basis he secured admission for D. Ed course in C. P. College of D. Ed. Sailu, District Parbhani/respondent No. 3. Mean time respondent No. 2 invalidated his claim and certificate issued by Sub Divisional Officer Ambajogai was cancelled and confiscated. It is the impugned order of the respondent No. 2 dated 08.12.2007 in this petition. However, he was allowed to complete the D.Ed. course on the basis of caste certificate of "Mahadev Koli" issued to him by Sub Divisional Officer pursuant to a decision of this Court dated 05.04.2006 in his earlier Writ Petition No. 1254 of 2006. 06. In routine, on 07.11.2006 petitioner's caste certificate was referred to respondent No. 2/Caste Scrutiny Committee for verification by respondent No. 3, where the petitioner failed to prove his claim. 4 07. Perused the impugned order dated 08.12.2006 passed by respondent No. 2. It is seen that the Committee had referred his case to Vigilance Cell for inquiry and received the inquiry report on 28.05.2007, which revealed that applicants real elder uncles school record of 16.06.1962 is of "Koli", which was considered as adverse. Therefore, the Committee called for say of the petitioner to explain said adverse entry in the school record of his real elder uncle. The petitioner has also offered his explanation on 11.07.2007. The petitioner was also given personal hearing before the Scrutiny Committee on 26.07.2007. It was full fledged hearing and an elaborate order came to be passed. The respondent No. 2/Committee scrutinized all documents at the time of interview and personal hearing with reference to the inquiry report which was adverse. It reveals that documentary evidence such as, certificate and school record of his father at Sr. No. 2, 3, 4, 13, 15 and 16 were considered and found to be of recent period of 1983 i. e. after passing First Presidential Order of 1950 notifying Scheduled Tribe. More emphasis was given to the document namely school record of petitioner's real elder uncle of 1962, as it is the 5 oldest available document having more probative value for rejecting the claim. 08. The respondent No. 2/Committee also gave reasons for discarding the evidence of service record of his father as "Mahadev Koli" which has no basis for taking down such entry in the service book. It is for the reason that such caste certificate on the basis of which the entry in the service is taken was never submitted for verification in the past hence declined to accept as proof of the caste. The inquiry report of Vigilance Officer also holds that the petitioner failed to prove his affinity towards "Mahadev Koli" (Scheduled Tribe). From the inquiry report of the vigilance officer it is categorically held that petitioner failed to prove his affinity towards "Koli Mahadev" Scheduled Tribe. 09. The respondent No. 2/Committee had also referred to the affidavits of relatives of the petitioner belonging to "Mahadev Koli" and found that those are from maternal side and not in blood relation. Other pieces of evidence namely certificates of sarpanch, police patil, gram sevak about 6 residence and caste can never take place of a proof, in the matter of verification of Caste or Tribe claim. Therefore, respondent No. 2 placed its reliance on the inquiry conducted by the Vigilance Officer which revealed that applicants family is originally belonging to "Koli". Therefore, the conclusions drawn and the findings recorded against the petitioner is fully supported by reasons, which call for no interference in judicial review by this Court. No case is made out. As such, petition deserves to be dismissed. The petition is dismissed with no order as to costs. Rule is discharged. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Feb. 2010