ASHALU S/O POCHAM TOGARWAR vs THE STATE OF MAHARASHTRA, THROUGH SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT, MUMBAI AND OTHERS

Court
Bombay High Court
Case type
Writ Petition
Decided on
01-04-2026
<div> <b>2026:BHC-NAG:5116-DB</b><br /> Judgment 1 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> <br /> IN THE HIGH COURT OF JUDICATURE AT BOMBAY,<br /> NAGPUR BENCH, NAGPUR.<br /> WRIT PETITION NO. 5735 OF 2018<br /> WITH<br /> WRIT PETITION NO. 5731 OF 2018<br /> WITH<br /> WRIT PETITION NO. 5737 OF 2018<br /> WITH<br /> WRIT PETITION NO. 5732 OF 2018<br /> WITH<br /> WRIT PETITION NO. 5734 OF 2018<br /> WITH<br /> WRIT PETITION NO. 5730 OF 2018<br /> WITH<br /> WRIT PETITION NO. 5736 OF 2018<br /> WITH<br /> WRIT PETITION NO. 5738 OF 2018<br /> WITH<br /> WRIT PETITION NO. 5733 OF 2018<br /> -----<br /> WRIT PETITION NO. 5735 OF 2018<br /> Manohar S/o Ashalu Togarwar,<br /> Age 36 years, Occ. Service,<br /> R/o. Village Allapalli,<br /> Tq. Aheri, Dist. Gadchiroli. …. PETITIONER <br /> // VERSUS //<br /> 1) The State of Maharashtra,<br /> Through Secretary,<br /> Tribal Development Department,<br /> Mantralaya, Mumbai.<br /> 2) The Scheduled Tribe Certificate<br /> Scrutiny Committee, Gadchiroli,<br /> through its Member-Secretary.<br /> 3) The Sub Divisional Officer,<br /> Office of Sub-Divisional Officer,<br /> Aheri, District Gadchiroli.<br /> 4) The Dy. Superintendent of Police,<br /> Office of Dy.SP, Gadchiroli. …. RESPONDENTS<br /><br /> Judgment 2 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> WITH<br /> WRIT PETITION NO. 5731 OF 2018<br /> Ashalu S/o Pocham Togarwar,<br /> Age 54 years, Occ. Service,<br /> R/o. Village Allapalli,<br /> Tq. Aheri, Dist. Gadchiroli.<br /> At/P R/o. B-2, Plot No.1103,<br /> Raunak City, Adhar Wadi,<br /> Kalyan (W) Mumbai. …. PETITIONER <br /> // VERSUS //<br /> 1) The State of Maharashtra,<br /> Through Secretary,<br /> Tribal Development Department,<br /> Mantralaya, Mumbai.<br /> 2) The Scheduled Tribe Certificate<br /> Scrutiny Committee, Gadchiroli,<br /> through its Member-Secretary.<br /> 3) The Sub Divisional Officer,<br /> Office of Sub-Divisional Officer,<br /> Aheri, District Gadchiroli.<br /> 4) The Dy. Chief Officer,<br /> Maharashtra Housing and Area<br /> Development Authority,<br /> Gruha Nirman Bhavan, Kala Nagar,<br /> Bandra (E) Mumbai-400 051.<br /> 5) The General Manager,<br /> Dena Bank, C-10, G Block,<br /> Bandra Kurla Complex,<br /> Bandra (E), Mumbai. …. RESPONDENTS<br /> WITH<br /> WRIT PETITION NO. 5737 OF 2018<br /> Laxmayya S/o Chandrayya Togarwar,<br /> Age 62 years, Occ. Service,<br /> R/o. Village Allapalli,<br /> Tq. Aheri, Dist. Gadchiroli. …. PETITIONER <br /><br /> Judgment 3 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> // VERSUS //<br /> 1) The State of Maharashtra,<br /> Through Secretary,<br /> Tribal Development Department,<br /> Mantralaya, Mumbai.<br /> 2) The Scheduled Tribe Certificate<br /> Scrutiny Committee, Gadchiroli,<br /> through its Member-Secretary.<br /> 3) The Sub Divisional Officer,<br /> Office of Sub-Divisional Officer,<br /> Aheri, District Gadchiroli. …. RESPONDENTS<br /> WITH<br /> WRIT PETITION NO. 5732 OF 2018<br /> Mukool S/o Durgesh Togarwar,<br /> Age 25 years, Occ. Student,<br /> R/o. Village Allapalli,<br /> Tq. Aheri, Dist. Gadchiroli. …. PETITIONER <br /> // VERSUS //<br /> 1) The State of Maharashtra,<br /> Through Secretary,<br /> Tribal Development Department,<br /> Mantralaya, Mumbai.<br /> 2) The Scheduled Tribe Certificate<br /> Scrutiny Committee, Gadchiroli,<br /> through its Member-Secretary.<br /> 3) The Sub Divisional Officer,<br /> Office of Sub-Divisional Officer,<br /> Aheri, District Gadchiroli. …. RESPONDENTS<br /> WITH<br /> WRIT PETITION NO. 5734 OF 2018<br /> Kum. Jyoti D/o Ashalu Togarwar,<br /> Age 31 years, Occ. Student,<br /> R/o. Village Allapalli,<br /> Tq. Aheri, Dist. Gadchiroli.<br /> At/P R/o. B-2, Plot No.1103,<br /> Raunak City, Adhar Wadi, Kalyan(W). …. PETITIONER <br /><br /> Judgment 4 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> // VERSUS //<br /> 1) The State of Maharashtra,<br /> Through Secretary,<br /> Tribal Development Department,<br /> Mantralaya, Mumbai.<br /> 2) The Scheduled Tribe Certificate<br /> Scrutiny Committee, Gadchiroli,<br /> through its Member-Secretary.<br /> 3) The Sub Divisional Officer,<br /> Office of Sub-Divisional Officer,<br /> Aheri, District Gadchiroli. …. RESPONDENTS<br /> WITH<br /> WRIT PETITION NO. 5730 OF 2018 <br /> Laxman S/o Pocham Togarwar,<br /> (Since Deceased) through LR’s.<br /> 1A) Manda Wd/o Laxman Togarwar,<br /> Age 63 years, Occ. Housewife,<br /> R/o. Village Allapalli,<br /> Tq. Aheri, Dist. Gadchiroli.<br /> <b> Amendment </b><br /> <b> carried out as </b><br /> <b> per the Hon’ble </b><br /> <b> Court order </b><br /> <b> dt.30.03.2026</b><br /> 1B) Smt. Snehal W/o Shripad Ganjiwar,<br /> Age 36 years, Occ. Housewife,<br /> R/o. Bhamragad Road, Mannewar<br /> Colony, Ward No.6, Tahsil–Aheri, Allapalli, <br /> P.O. Allapalli, District Gadchiroli. …. PETITIONERS<br /> // VERSUS //<br /> 1) The State of Maharashtra,<br /> Through Secretary,<br /> Tribal Development Department,<br /> Mantralaya, Mumbai.<br /> 2) The Scheduled Tribe Certificate<br /> Scrutiny Committee, Gadchiroli,<br /> through its Member-Secretary.<br /> 3) The Sub Divisional Officer,<br /> Office of Sub-Divisional Officer,<br /> Aheri, District Gadchiroli.<br /><br /> Judgment 5 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> 4) The Executive Engineer,<br /> Public Works Department,<br /> Division No.1, Gadchiroli. …. RESPONDENTS<br /> WITH<br /> WRIT PETITION NO. 5736 OF 2018<br /> Kum. Aanchal D/o Ashalu Togarwar,<br /> Age 23 years, Occ. Student,<br /> R/o. Village Allapalli,<br /> Tq. Aheri, Dist. Gadchiroli.<br /> At/P R/o B-2, Plot No. 1103,<br /> Raunak City, Adhar Wadi, Kalyan (W). …. PETITIONER <br /> // VERSUS //<br /> 1) The State of Maharashtra,<br /> Through its Secretary,<br /> Tribal Development Department,<br /> Mantralaya, Mumbai.<br /> 2) The Scheduled Tribe Certificate<br /> Scrutiny Committee, Gadchiroli,<br /> through its Member-Secretary.<br /> 3) The Sub Divisional Officer,<br /> Office of Sub-Divisional Officer,<br /> Aheri, District Gadchiroli. …. RESPONDENTS<br /> WITH<br /> WRIT PETITION NO. 5738 OF 2018<br /> Pocham S/o Ashalu Togarwar,<br /> Age 70 years, Occ. Agri. &amp; Labour,<br /> R/o. Village Allapalli,<br /> Tq. Aheri, Dist. Gadchiroli. …. PETITIONER <br /> // VERSUS //<br /> 1) The State of Maharashtra,<br /> Through Secretary,<br /> Tribal Development Department,<br /> Mantralaya, Mumbai.<br /><br /> Judgment 6 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> 2) The Scheduled Tribe Certificate<br /> Scrutiny Committee, Gadchiroli,<br /> through its Member-Secretary.<br /> 3) The Sub Divisional Officer,<br /> Office of Sub-Divisional Officer,<br /> Aheri, District Gadchiroli. …. RESPONDENTS<br /> WITH<br /> WRIT PETITION NO. 5733 OF 2018<br /> Prajwal S/o Ashalu Togarwar,<br /> Age 16 years, Occ. Student,<br /> R/o. Village Allapalli,<br /> Tq. Aheri, Dist. Gadchiroli.<br /> Through his natural guardian<br /> Shri Ashalu Pocham Togarwar,<br /> Age 52 years, Occ. Service,<br /> R/o. Flat No.402, Tirupati Residency,<br /> Piplot, Surat (Gujrat). …. PETITIONER <br /> // VERSUS //<br /> 1) The State of Maharashtra,<br /> Through Secretary,<br /> Tribal Development Department,<br /> Mantralaya, Mumbai.<br /> 2) The Scheduled Tribe Certificate<br /> Scrutiny Committee, Gadchiroli,<br /> through its Member-Secretary.<br /> 3) The Sub Divisional Officer,<br /> Office of SDO, Aheri,<br /> District Gadchiroli. …. RESPONDENTS<br /> --------------------------------------------------------------------------<br /> <br /> Mr. R. D. Bhuibhar, Advocate with Mr. Anil Golegaonkar, <br /> Advocate for the Petitioners.<br /> Mr. S. V. Narale, Assistant Government Pleader for <br /> Respondents/State.<br /> Mr. A. M. Sudame, Advocate for the Respondent No.4 in <br /> Writ Petition No.5731/2018.<br /> <b>-----------------------------------------------------------------------------------</b><br /><br /> Judgment 7 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> CORAM : MRS. M. S. JAWALKAR AND<br /> NANDESH S. DESHPANDE, JJ.<br /> DATE O N RESERVING THE JUDGMENT : 30.03.2026<br /> DATE ON PRONOUNCING THE JUDGMENT : 01.04.2026<br /> COMMON JUDGMENT : (Per – M. S. JAWALKAR, J.)<br /> 1. Heard. Rule. Rule is made returnable forthwith.<br /> 2. As similar issue is involved in all the matters and they<br /> are being relatives, the matters are taken up together for<br /> consideration and finally heard at the request and consent of the<br /> parties. The Writ Petition No.5735/2018 is taken and treated as<br /> lead petition and facts and documents in the said matter has<br /> taken into consideration for the common judgment.<br /> 3. The petitioner claims that he belongs to ‘Mannewar’<br /> Scheduled Tribe, which is enlisted at Sr. No.18. It is submitted<br /> that the petitioner was required to file second Writ Petition<br /> No.4095/2012, which came to be disposed of on 31.07.2013.<br /> The said petition came to be partly allowed as there was no<br /> opportunity granted to the petitioner to made out his claim.<br /> Moreover, the petitioner was present but he was shown as<br /> absent and material document which he has placed on record,<br /> the entry of 29.01.1950 showing Lachaman Ashanna as<br /><br /> Judgment 8 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> ‘Mannewar’ in his death certificate is also not considered. In<br /> view thereof, this Court quashed and set aside the impugned<br /> order dated 11.07.2012.<br /> rd<br /> 4. It is further submitted that in 3 round of litigation<br /> even after observing by this Court in Writ Petition<br /> No.1216/2014 dated 13.04.2015, whereby the order of<br /> Committee dated 12.02.2014 was set aside and this Court<br /> recorded that old documents of 1938 and 1950, pertaining to<br /> entry of tribe in respect of Malla @ Pochya and Lachman<br /> Ashanna have great probative evidentiary value. These two<br /> documents rejected by the Scrutiny Committee on flimsy ground<br /> and passed the impugned order dated 25.07.2018.<br /> 5. The petitioner submits that he belongs to ‘Mannewar’<br /> Scheduled Tribe and there is a sufficient supporting and<br /> clinching documentary evidence in support of his tribe claim.<br /> The petitioner originally resident of village Allapalli, Tahsil<br /> Aheri, District Gadchiroli. There is a Caste Certificate issued by<br /> the Executive Magistrate, Aheri dated 14.08.1991 in favour of<br /> father of the petitioner namely Ashalu S/o Pocham Togarwar<br /> certifying that he belongs to ‘Mannewar’ Scheduled Tribe. It<br /><br /> Judgment 9 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> appears that in earlier round of litigation in Writ Petition<br /> No.1216/2014, this Court specifically observed that, “the<br /> Scrutiny Committee has erroneously observed that the<br /> petitioners have sought the benefit meant for ‘Mannewar’<br /> Scheduled Tribe by fabricating a document, as there is nothing<br /> on record to show that the petitioners had interpolated the<br /> extract of Admission Register in which the caste of one of the<br /> petitioners was recorded as ‘Mannepawar’. This is not a case<br /> where the initial entry was ‘Mannepawar’ and the petitioner had<br /> interpolated the document or converted the entry from<br /> ‘Mannepawar’ to ‘Mannewar’. The Scrutiny Committee was<br /> directed to decide afresh and matter was remitted back”.<br /> 6. Per contra, the respondent Committee contends that<br /> the petitioner’s tribe claim was duly verified as per Rule 12(2)<br /> through a detailed inquiry conducted by the Police Vigilance Cell<br /> including home, school and record verification. It is submitted<br /> that the Vigilance Cell found entries of ‘Mannepawar’ in the<br /> school and revenue records of the petitioner’s blood relative.<br /> The extract of Admission Register relied upon by the petitioner<br /> showed apparent interpolation. The vigilance inquiry also<br /> revealed inconsistencies in the petitioner’s statements regarding<br /><br /> Judgment 10 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> tribal traits and customs. On this basis, the respondents contend<br /> that the petitioner does not belong to ‘Mannewar’ Scheduled<br /> Tribe and had obtained the caste certificate by suppressing<br /> material facts to avail reservation benefits.<br /> 7. Heard learned Counsel for the respective parties at<br /> length. Perused the record and proceedings of Caste Scrutiny<br /> Committee with the assistance of the learned Assistant<br /> Government Pleader and considered the citations relied on by<br /> the learned Counsel for the Petitioners.<br /> 8. For the sake of convenience, family tree is<br /> reproduced as under :<br /> 9. The petitioners- is produced 12 documents in support<br /> of his claim. All these documents are duly verified by the<br /><br /> Judgment 11 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> vigilance cell. The document pertaining to Malla @ Pochya<br /> Mannewar, great great grandfather shows that he blessed with<br /> one son on 10.11.1938. The another document is in respect of<br /> cousin grandfather namely Lachaman S/o Ashanna Togarwar,<br /> the extract of death register dated 28.01.1950, there is an entry<br /> of tribe as ‘Mannewar’. There are also other entries which were<br /> duly verified by the vigilance cell except one document in<br /> respect of Shrinivas Ushalu Togarwar, there is no remark against<br /> these documents. The document at Sr. No.6 in the vigilance cell<br /> report having remark that it does not match with the family tree<br /> ( tqGr ukgh ).<br /> 10. The learned Counsel for the respondent Scrutiny<br /> Committee submitted that there are adverse entries showing<br /> caste as ‘Manewar’, ‘Mannepawar’, Manyepawar’ and ‘Manywar’<br /> etc. There is a general observation by the Scrutiny Committee<br /> that taking benefit of similarity in the caste name, many non-<br /> tribal communities used to obtain bogus certificates. It appears<br /> that the Caste Scrutiny Committee is presupposing that the<br /> applicants are taking undue advantage and grabbing facility<br /> provided to the Scheduled Tribe by the Constitution. The oldest<br /> entry appears to be of 10.11.1938, which was duly verified by<br /><br /> Judgment 12 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> the vigilance cell and there is no remark against this document,<br /> however the Caste Scrutiny Committee has evolved a novel<br /> reason and discarded the document on the ground that the<br /> signature on the rubber stamp does not match to the second<br /> signature. There was no reason to discard this document, nor<br /> there is any remark by vigilance cell. The Committee on its own<br /> presumed on the basis of surmises and made an absurd<br /> observation that the Local Government peoples representatives<br /> have been influenced by pressurizing the Officers and the<br /> Officers used to manipulate the record by insertion,<br /> interpolation etc. It needs to be noted here that this Court<br /> observed as discussed above, that the statement made by the<br /> Committee is erroneous, in spite of this fact, the Scrutiny<br /> Committee is bold enough to record such findings without being<br /> there any basis.<br /> 11. So far as document of 1950 in respect of Lachman<br /> S/o Ashanna Mannewar is concerned, the Scrutiny Committee<br /> discarded this document on the ground that it is written in<br /> different ink and different handwriting. In fact, there is no such<br /> remark by the vigilance cell against this document about any<br /> difference in ink or in handwriting. Moreover, the petitioner has<br /><br /> Judgment 13 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> placed on record certified copy of document which has<br /> presumptive value that it is as per record. We have not seen any<br /> interpolation in the scan copy reproduced by the Caste Scrutiny<br /> Committee in the order. The Scrutiny Committee has not taken<br /> any expert opinion. In our considered opinion, the Committee<br /> has no regard for the order passed by this Court and went on<br /> presuming and assuming that the applicants are grabbing the<br /> benefit of the Scheduled Tribe people.<br /> 12. The petitioner herein filed a detailed reply to the<br /> vigilance cell report, wherein he has contended that, “oldest<br /> document in respect of his great great grandfather Malla Wald<br /> Pochya and Lachman Ashanna are duly verified, they are oldest<br /> entries of 1938 and 1950. So far as entries of ‘Manewar’,<br /> ‘Mannepawar’, Manyepawar’ and ‘Manywar’ are concerned,<br /> there is no other caste or tribe listed in any of the reserved<br /> category list other than ‘Mannewar’ and since ‘Mannewar’ is<br /> found to be correct and proper, it is conclusive proof. He has also<br /> pointed out that ‘Mannewar’ is a small tribe having his own<br /> characteristics which belonging to South or Telgu speaking<br /> portion of Chanda district, where they mustered about 1600<br /> persons in 1911. The name Mannewar is the derived form of<br /><br /> Judgment 14 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> Telgu word “Mannem” meaning forest while “war” is the plural<br /> termination in Telgu. Mannewar thus signifying the people of<br /> forest”. It appears that the Caste Scrutiny Committee has not<br /> appreciated the reply filed by the petitioner in its proper<br /> perspective, in fact, there is no caste like ‘Manewar’,<br /> ‘Mannepawar’, Manyepawar’ and ‘Manywar’ etc., but it is only<br /> ‘Mannewar’ caste, which is recognized as a Scheduled Tribe. The<br /> documents wherein such entries are there, it is nothing but the<br /> corrupted language or pronunciation or writing of the<br /> Mannewar word.<br /> 13. The learned Counsel for the petitioner relied on<br /> Judgment in Writ Petition No. 2594 of 2018, (Satyanarayan<br /> Yellaya Gare vs. Chief Executive, Officer, Nagar Parishad,<br /> Gadchiroli and others), dated 14.01.2026, wherein this Court<br /> relying on Judgment in Nikhil s/o Sanjay Bodewar vs. State of<br /> Maharashtra through its Secretary, Ministry of Social Justice and<br /> Tribal Welfare Department, Mumbai (Writ Petition<br /> No.1212/2019), decided on 11.03.2025, held in para 19 as<br /> under :<br /> 19. So far as contention of the Caste Scrutiny<br /> Committee that there are some entries of<br /> ‘Mannepawar’, which are adverse, however, this<br /><br /> Judgment 15 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> issue is already decided in the matter of Nikhil s/o<br /> Sanjay Bodewar (supra), wherein the petitioner has<br /> questioned the order by which claim of the<br /> petitioner for issuance of validity of belonging to<br /> ‘Mannewar’ Scheduled Tribe came to be rejected. In<br /> the said petition, the entry of Mannepawar which<br /> found to be the basis for rejection of the claim of the<br /> petitioner as that of belonging to Mannewar<br /> Scheduled Tribe. The reason for invalidating the<br /> caste claim in the present matter is also<br /> Mannepawar entries. This Court observed in the<br /> above referred judgment as under :<br /> “7. As regards the available evidence in the<br /> form of documents if appreciated, two reasons<br /> are recorded by the Committee viz.<br /> ‘Mannepawar’ entry recorded in the school<br /> record of the grandfather - Lachanna and<br /> absence of entry of the tribal land in the revenue<br /> record of land owned by the mother of the<br /> petitioner – Ushatai.<br /> As regards adverse entry of ‘Mannepawar’<br /> is concerned, when confronted with the learned<br /> Assistant Government Pleader as to existence of<br /> ‘Mannepawer’ caste, on instructions, he has<br /> fairly conceded that there is no caste as<br /> ‘Mannepawar’ in any of the statute dealing with<br /> the caste.<br /> 8. As such, there are consistent entries of<br /> ‘Mannewar’ not only in relation to the<br /> grandfather of the petitioner but also in relation<br /> to the father of the petitioner. As such, the<br /> reasons cited by the Committee for rejection of<br /> the claim of the petitioner thereby recording a<br /> finding that the caste entry in the record of the<br /> grandfather of the petitioner is ‘Mannepawar’<br /> would lead to negation of the claim cannot be<br /> sustained.<br /><br /> Judgment 16 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> 10. We are equally required to be sensitive of<br /> the fact that the parties like the petitioner<br /> inherits his caste from his father. No doubt, even<br /> if the document in relation to his mother is taken<br /> into account, in absence of entry of Scheduled<br /> Tribe in the revenue record the land can be<br /> transferred to non-tribal, cannot be accepted as a<br /> basis for negating the claim of the petitioner,<br /> particularly when such document is in relation to<br /> the mother of the petitioner. The negative<br /> finding recorded by the Committee, in our<br /> opinion, has no basis in law to infer that the<br /> petitioner cannot be said to be belonging to<br /> Scheduled Tribe category when relevant rules<br /> contemplate that ‘blood relation’ has to be<br /> construed as relation from father’s side.”<br /> 14. The Caste Scrutiny Committee failed to appreciate<br /> that there are consistent entries prior to cut of date i.e. 1956,<br /> showing Tribe as ‘Mannewar’ in respect of great great<br /> grandfather in the year 1938 and cousin grandfather of 1950.<br /> The reason given for discarding these documents is not at all<br /> sustainable, specifically when this Court has already considered<br /> its probative value in earlier round of litigation.<br /> 15. In view of the Judgment passed in Nikhil s/o Sanjay<br /> Bodewwar (supra), the ground of adverse entries showing<br /> Mannepawar is not open for the Caste Scrutiny Committee to<br /> discard the claim of the petitioner. So far as this Court in the<br /><br /> Judgment 17 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> matter of Satyanarayan Yellaya Gare (supra), relied on<br /> Judgment of Sayanna vs. State of Maharashtra &amp; Ors., (2009)<br /> 10 SCC 268, wherein the Hon’ble Apex Court in para 14 and 15<br /> held as under :<br /> “14. It is difficult for this Court to understand as to<br /> on which basis the Scrutiny Committee came to the<br /> conclusion that the word “lu” was interpolated in the<br /> register of the school more particularly when it was<br /> not so opined by the Police Inspector who had<br /> conducted the enquiry. Whether interpolation by<br /> addition has taken place can be stated by a<br /> handwriting expert or by comparison of admitted<br /> letters of a person with this disputed one. It is an<br /> admitted position that the Scrutiny Committee had<br /> never attempted to get an expert’s opinion nor itself<br /> had compared the disputed letters with admitted one<br /> of the appellant.<br /> 15. Under the circumstances, the finding recorded by<br /> the Scrutiny Committee that the word “lu” was<br /> interpolated will have to be regarded as not based on<br /> any credible evidence. The Police Inspector had never<br /> taken care to find out whether the word “lu” was<br /> subsequently added by the school authorities or by the<br /> appellant. It was necessary for the said officer to<br /> undertake such an exercise in view of the specific<br /> defence of the appellant that the school record was<br /> lying with the school authorities and he had no<br /> opportunity whatsoever to tamper with the same”.<br /> 16. Thus, the contention of the Caste Scrutiny Committee<br /> that there is a difference in ink and handwriting is nothing but<br /> erroneous attempt to discard the documents. The documents<br /><br /> Judgment 18 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> pertaining to year 1938 and 1950, those are certified copies<br /> having great presumptive value and its presumption will remain<br /> till its rebuttal. However, there is nothing on record to rebut<br /> such presumption. The learned Assistant Government Pleader<br /> has not placed anything on record to show that there is any<br /> caste ‘Mannepawar’ is in existence. Moreover, the oldest entries<br /> are showing ‘Mannewar’, therefore, the old entries are prevailed<br /> over the subsequent entries.<br /> 17. We have perused the original record and document,<br /> in the first place it is a Xerox copy of the document, therefore,<br /> there is no question of noting any difference in ink. Moreover,<br /> the observation of the Committee that two entries having<br /> difference in ink and handwriting are of same day is also<br /> incorrect as first entry is of 28.01.1950 and second entry is of<br /> dated 29.01.1950.<br /> 18. Admittedly, the caste ‘Mannewar’ has been included<br /> in the Scheduled Tribe in the year 1956. As such, the entry of<br /> 1938 and 1950 cannot be disbelieved because at the relevant<br /> time, the persons in whose respect the document is produced,<br /><br /> Judgment 19 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> they were not aware that they are going to be enlisted as<br /> Scheduled Tribe and will get the benefits of their tribe.<br /> 19. So far as affinity test is concerned, it is well settled<br /> position of law that affinity test is not a litmus test. Moreover,<br /> the petitioners are residing in tribal area, what is held in Anand<br /> vs. Committee for Scrutiny and Verification of Tribe Claims &amp;<br /> Ors., 2011 (6) Mh.L.J. 919, wherein some broad parameters are<br /> laid down by the Hon’ble Apex Court as under :<br /> “(i) While dealing with documentary evidence, greater<br /> reliance may be placed on pre-Independence<br /> documents because they furnish a higher degree of<br /> probative value to the declaration of status of a caste,<br /> as compared to post-Independence documents. In case<br /> the applicant is the first generation ever to attend<br /> school, the availability of any documentary evidence<br /> becomes difficult, but that ipso facto does not call for<br /> the rejection of his claim. In fact the mere fact that he<br /> is the first generation ever to attend school, some<br /> benefit of doubt in favour of the applicant may be<br /> given. Needless to add that in the event of a doubt on<br /> the credibility of a document, its veracity has to be<br /> tested on the basis of oral evidence, for which an<br /> opportunity has to be afforded to the applicant;<br /> (ii) While applying the affinity test, which focuses on<br /> the ethnological connections with the scheduled tribe,<br /> a cautious approach has to be adopted. A few decades<br /> ago, when the tribes were somewhat immune to the<br /> cultural development happening around them, the<br /> affinity test could serve as a determinative factor.<br /> However, with the migrations, modernisation and<br /><br /> Judgment 20 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> contact with other communities, these communities<br /> tend to develop and adopt new traits which may not<br /> essentially match with the traditional characteristics of<br /> the tribe. Hence, affinity test may not be regarded as a<br /> litmus test for establishing the link of the applicant<br /> with a Scheduled Tribe. Nevertheless, the claim by an<br /> applicant that he is a part of a scheduled tribe and is<br /> entitled to the benefit extended to that tribe, cannot<br /> per se be disregarded on the ground that his present<br /> traits do not match his tribes&#x27; peculiar anthropological<br /> and ethnological traits, deity, rituals, customs, mode<br /> of marriage, death ceremonies, method of burial of<br /> dead bodies etc. Thus, the affinity test may be used to<br /> corroborate the documentary evidence and should not<br /> be the sole criteria to reject a claim.”<br /> 20. Thus, the documentary evidence prior to cut off date<br /> produced by the petitioner in support of his claim is having great<br /> probative value and cannot be brushed aside lightly by the Caste<br /> Scrutiny Committee. There can be no reason for the suppression<br /> or misrepresentation of facts to claim non-existence benefit of<br /> being a Scheduled Tribe by that point of time.<br /> 21. As such, the order passed by the Caste Scrutiny<br /> Committee is untenable. In fact, the Caste Scrutiny Committee<br /> bent upon to discard the validity to the petitioner, though there<br /> is a Judgment of this Court holding earlier Committee’s decision<br /> as erroneous. Hence, the order passed by the respondent No.2 -<br /> Caste Scrutiny Committee is not only erroneous but perverse<br /><br /> Judgment 21 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> rd<br /> and untenable in law. It needs to be noted here that it is 3<br /> round of litigation and in our considered opinion, the Caste<br /> Scrutiny Committee just for the sake of invalidation, cannot<br /> invalidated the genuine claim of the petitioner.<br /> 22. In view of that, we are inclined to allow the petition<br /> and pass the following order :<br /> (i) All the Writ Petitions are allowed.<br /> (ii) The impugned order dated 25.07.2018, passed in <br /> case No.(1) lvk@vtizrl@xM@ II @21@33@2003&amp;04 , <br /> (2) lvk@vtizrl@xM@ I @721@33@2013 , <br /> (3) lvk@vtizrl@xM@ III @74@33@2014 , <br /> (4) lvk@vtizrl@xM@ III @773@33@2013 , <br /> (5) lvk@vtizrl@xM@ I @92@33@2017 , &amp; <br /> (6) lvk@vtizrl@xM@ III @1374@33@2013 ,<br /> and also the impugned order dated 25.07.2018 <br /> passed in case Nos. <br /> (1) III , <br /> lvk@vtizrl@xM@ @504@33@2013<br /> (2) lvk@vtizrl@xM@ I @359@33@2012 &amp; <br /> (3) lvk@vtizrl@xM@ I @405@33@2013 ,<br /> passed by the Scheduled Tribe Certificate Scrutiny<br /> Committee, Gadchiroli are hereby quashed and set<br /> aside.<br /> (iii) It is declared that the Petitioners duly established<br /> that they belong to “Mannewar” Scheduled Tribe.<br /><br /> Judgment 22 J-WP No.5735.2018 &amp; Ors..odt<br /> <br /> (iv) The Respondent Scheduled Tribe Caste Certificate<br /> Scrutiny Committee, Gadchiroli, is hereby directed to<br /> issue the validity certificates of “Mannewar”<br /> Scheduled Tribe to all the Petitioners within a period<br /> of eight weeks.<br /> 23. Rule is made absolute in the above terms. No order<br /> as to costs. Pending application(s), if any, stand(s) disposed of.<br /> (NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.)<br /> Kirtak<br /> Signed by: Mr. B.J. Kirtak<br /> Designation: PA To Honourable Judge<br /> Date: 01/04/2026 18:21:17</div>