Aakash Pravin Sonwane Through Guardian Pravin Suwalal Sonawane v. Scheduled Tribe Certificate Scrutiny Committee Dhule Through Its Member Secretary

2023:BHC-AUG:26318-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

949 WRIT PETITION NO. 12109 OF 2023 Aakash Pravin Sonwane Age : 17 years, Occu : Education, Through Natural Guardian i.e. Father Pravin Suwalal Sonawane Age : 47 years, Occu : Service, R/o. Morane Pr. Laling, Tq. & Dist. Dhule .. Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee, Dhule, Through its Member Secretary .. Respondent ...

Advocate for Petitioner : Mr. Sagar S. Phatale and Mr. Vasant B. Bholankar AGP for Respondent / State : Mr. M. M. Nerlikar ...

CORAM : MANGESH S. PATIL AND NEERAJ P. DHOTE, JJ.

DATED : DECEMBER 14, 2023 FINAL ORDER :

.

Heard both the sides finally at the stage of admission. 2.

The petitioner is challenging the order dated 31.08.2023 passed by the respondent - Scrutiny Committee invalidating his ' Tokre Koli' Scheduled Tribe certificate.

3.

After hearing both the sides for a while, it transpires that a similar order of invalidation in the matter of petitioner's brother Bhushan was the subject matter of scrutiny of this Court in Writ Petition No. 11746 of 2023. Both the orders, in the matter of present petitioner and in the matter of petitioner's brother Bhushan were passed by the respondent - Scrutiny Committee a month apart. 4.

The same set of evidence that was before the Scrutiny Committee which decided Bhushan's claim has been considered by the present Committee while passing the impugned order. 5.

Conspicuously, though the oldest favourable entry of Suwalal of the year 1933 and that of Motilal of the year 1937 apart from other three pre-constitutional favourable entries were available before the Scrutiny Committees. Those favourable and oldest entries were ignored by the Scrutiny Committee but subsequent adverse entries have been taken into consideration. It was expressly observed by this Court in Bhushan's matter that the oldest favourable record would have greater probative value. The Scrutiny Committee has fallen in error in drawing interference only on the ground that few subsequent entries in the school record and birth record were 'Koli' which were inconsistent with the tribe claim of 'Tokre Koli'. As laid down in the matter of Anand

Vs. Committee for Scrutiny and Verification of Tribe Claims and Ors., (2012) 1 SCC 113, the oldest record would prevail over the contrary record of the later period. Pertinently, the Committee has not assigned any reason much less cogent one as to why the oldest favourable record is to be ignored, more so when the vigilance report did not express any doubt about its genuineness.

6.

Consequently, on merits also, the petitioner is entitled to have certificate of validity independent of the validities being relied upon by him.

7.

In light of above, the following order is passed.

ORDER

(i) The Writ Petition is allowed.

(ii) The impugned order is quashed and set aside. (iii) The Respondent - Scrutiny Committee shall issue 'Tokre Koli', Scheduled Tribe validity certificate to the petitioner immediately.

[NEERAJ P. DHOTE] [MANGESH S. PATIL] JUDGE JUDGE GGP