1 wp4326.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4326 OF 2010 Ganesh s/o Bhagwanrao Ingole age 42 years, occupation service r/of Bhogalwadi, Taluka Dharur, District Beed. ... Petitioner versus 1. The State of Maharashtra, through its' Secretary, Tribal Development Department, Mantralaya, Mumbai-32 2. The Education officer (Primary), Zilla Parishad, Beed, Dist.Beed. 3. The Scheduled Tribe Certificate, Scrutiny Committee, Aurangabad Division, Aurangabad. ... Respondents ------ Shri P.V. Jadhvar, Advocate, for the Petitioner. Shri S.K. Kadam, A.G.P. for Respondent No. 1. Shri R.P. Phatke, Advocate, for Resp. Nos. 2 & 3. ------ Coram: Smt. Nishita Mhatre and M. T. Joshi, JJ. Date : 7th July, 2011. Oral Judgment (Per: Smt. Mhatre, J.) 01. Rule. Rule made returnable forthwith, by consent of the parties. 2 wp4326.10 02. The petitioner has approached this court, contending that the scrutiny committee has committed an error in rejecting his tribe claim. According to the petitioner, he belongs to the Koli Mahadeo Scheduled Tribe. His caste certificate was sent for validation to the scrutiny committee. It appears that the vigilance cell had conducted an enquiry and submitted a report on 23.3.2009. As per that report, the vigilance cell has recorded that the petitioner's relatives did belong to the Koli Mahadeo community. 03. The petitioner had sought to rely on this vigilance cell report, as well as the school admission extract issued to his father. That extract had been placed on record by the petitioner, in February 2009. However, it appears that the scrutiny committee has discarded the same on the ground that some other document, i.e. Form "E" submitted as per the rules framed under the Maharashtra Scheduled Castes and the Scheduled Tribes Denoted Tribes (Vimukta Jati) Nomadic Tribes, Other Backward Classes and Special Backward Classes (Regulation of issuance and verification of) Caste Certificate Act, 2000, pertaining to the petitioner's father, which was produced before the committee, showed the thumb impression of the petitioner's father. The committee was of the opinion that since the petitioner's father had affixed his thumb impression on that document, he could not have attended any school 3 wp4326.10 and, therefore, the school record of the petitioner's father was discarded. 04. We are informed that the Research Officer of the scrutiny committee also, after considering the traits, characteristics and culture, observed that the petitioner did not belong to the Koli Mahadeo Scheduled Tribe. 05. It is true that the petitioner's father had affixed his thumb impression on form "E" submitted by the petitioner. However, that by itself, will not indicate that the petitioner's father had not attended any school. It is not improbable that when a person attends the school only for a couple of years and learns the three Rs, he may forget them after a particular time, if he does not use his knowledge regularly. The petitioner's father attended school for two years during which he was constantly absent. Furthermore, there is nothing on record indicating that the Committee had questioned the Petitioner on this issue, or if it had, what was the response of the Petitioner. 06. Besides, the scrutiny committee ought to have considered the fact that the vigilance cell report indicated that the petitioner did belong to the Koli Mahadeo scheduled tribe. 4 wp4326.10 07. The petition is, therefore, allowed. The impugned order is set aside and the matter is remanded to the scrutiny committee. The committee shall decide the petitioner's tribe claim afresh, by taking into consideration the petitioner's father's school admission extract, as well as the report of the vigilance cell and all other documents on record, before passing an appropriate order. The petitioner to appear before the committee on 1.8.2011. Rule made absolute, accordingly. (M. T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) pnd/wp4326.10