{1} wp533208.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5332 OF 2008 Tukaram s/o Kashinath Koli, age: 36 years, Occ: Service as a Peon, R/o at Wanegaon, Tq.Tuljapur, Dist.Osmanabad. Petitioner Versus 1 The State of Maharashtra, through the Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2 The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. 3 The Education Officer (Secondary), Zilla Parishad, Osmanabad. 4 Shri Sant Maruti Maharaj Vidyalaya, Kanegaon, Tq.Lohara, District Osmanabad, through its Head Master. Respondents Mr.A.S.Golegaonkar, advocate for the petitioner. Mr.P.P.More, A.G.P. for Respondents No.1 & 3. Mr.R.P.Phatke, Special Counsel for Respondent No.2. {2} wp533208.odt CORAM : D.B.BHOSALE AND R.M.BORDE, JJ. DATE : 08 th February, 2011 ORAL ORDER (Per R.M.Borde, J.): 1 Heard Shri A.S.Golegaonkar, learned Counsel appearing for the petitioner, Shri P.P.More, learned A.G.P. for Respondents No.1 & 3 and Shri R.P.Phatke, learned Counsel for Respondent No.2. 2 The petitioner is raising exception to the order passed by the Scheduled Tribe Certificate Scrutiny Committee on 29.07.2008, invalidating the caste/tribe claim of the petitioner. 3 The petitioner claims to be belonging to Mahadev Koli, a Scheduled Tribe. The caste/tribe certificate issued in favour of the petitioner on 24.01.1989 was forwarded to the Scrutiny Committee for the purposes of verification. After considering the contentions raised by the petitioner as well as on perusal of the documentary evidence placed before the Committee, the Committee rendered decision invalidating the tribe claim of the petitioner. The Committee has turned down the claim mainly on the ground that the petitioner has not produced sufficient documentary evidence in support of his tribe claim and that he has utterly failed to prove his affinity and ethnic linkage towards {3} wp533208.odt Mahadev Koli, a scheduled tribe. It is also observed by the Committee that the petitioner has failed to produce any record prior to 1950 indicating that he belongs to Mahadev Koli, a Scheduled Tribe. 4 On perusal of the order passed by the Scrutiny Committee as well as the annexures annexed to the petition, it is noted that the petitioner has placed on record the copies of caste certificate, school record as well as the certificates issued by the revenue authorities and village officers in support of his claim to be belonging to Mahadev Koli, Scheduled Tribe. There are two documents in the form of school admission record pertaining to his sister and brother, placed on record by the petitioner. The only document, on which reliance is placed by the petitioner, apart from the school record and certificates pertaining to himself and his brother and sister, is the certificate of validity issued in favour of one Walmik Baburao Koli. The Vigilance Officer, who conducted the inquiry, has adversely commented in respect of the validity certificate issued in favour of Walmik Baburao Koli and the Committee has also not taken the said certificate in consideration. There are two reports in respect of vigilance inquiry placed on record by the petitioner. The first vigilance cell inquiry report is dated 09.06.2005. It is specifically noted in the report that the petitioner and his parents have not cooperated with the vigilance cell and that on a detailed inquiry, the vigilance cell reached the {4} wp533208.odt conclusion that there is no evidence made available by the petitioner to substantiate his case in respect of he belonging to Mahadev Koli, a Scheduled Tribe. After the petitioner tendered the validity certificate issued in favour of Walmik Baburao Koli along with his affidavit, explaining his relations with said Walmik, the Scrutiny Committee again directed the vigilance cell to conduct the inquiry. The second report of the inquiry conducted by the vigilance cell is dated 17.12.2007. It is specifically reported by the vigilance cell that Walmik Baburao Koli is not related to the petitioner. The copy of the report of the vigilance cell was transmitted to the petitioner on 14.03.2008 and he was directed to submit his say in respect of the report. The matter was posted for personal hearing before the Scrutiny Committee on 31.03.2008, however, on the given date, the petitioner presented an application requesting for an adjournment for producing additional documents on record. The Committee thereafter posted the matter for hearing on 30.04.2008, however, the petitioner, remained absent on the given date. As such, the matter was adjourned to 25.06.2008. On the adjourned date also, the petitioner remained absent, as such, the Committee proceeded to decide the matter on the basis of documents placed on record by the petitioner. 5 The Committee observed in the order that most of the documents, on which reliance is placed by the petitioner, to substantiate his case, are in the form of certificates and the school {5} wp533208.odt admission extracts pertaining to himself or his brother and sister. The documents are of recent origin. That so far as the validity certificate issued in favour of Walmik Baburao Koli is concerned, the petitioner could not establish his blood relation with said Walmik. The Committee has also observed that the petitioner has failed to prove his ethnic linkage with Mahadev Koli, a Scheduled Tribe and as such, proceeded to invalidate his tribe claim. 6 Learned Counsel appearing for the petitioner has contended that the Committee has not given proper opportunity of hearing to the petitioner. It is also contended that the observation made by the Committee that the petitioner has failed to prove ethnic linkage with Mahadev Koli, a Scheduled Tribe, is not proper. 7 On perusal of the order passed by the Scrutiny Committee as well as the record submitted by the petitioner along with the petition, we are of the considered opinion that the Committee has taken a proper and reasonable view of the matter. The petitioner has failed to submit old record to substantiate his claim. Most of the documents, on which reliance is placed by the petitioner, are either the certificates issued by the revenue authorities or village officer or the school record pertaining to petitioner himself or his brother and sister, which are of recent origin. Apart from these aspects, the petitioner has failed to establish his ethnic linkage with Mahadev Koli, a Scheduled Tribe. {6} wp533208.odt 8 In view of the reasons recorded above, we do not deem it appropriate to cause interference, in exercise of extraordinary jurisdiction under Article 226 of the Constitution, in the order passed by the Scrutiny Committee, invalidating the caste/tribe claim of the petitioner. 7 Petition, therefore, stands rejected. Interim order granted on 08.09.2008 stands vacated. R.M.BORDE D.B.BHOSALE JUDGE JUDGE adb/wp533208