In a writ petition challenging the invalidation of a Scheduled Tribe claim, this court dismissed the petitioner's petition, finding that a committee correctly invalidated the claim due to lack of authentic public documents and failure in affinity tests.
The writ petition stands dismissed and no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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wp7109.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 7109 OF 2013
DAYARAM DODHU KOLI
VERSUS
THE STATE OF MAH AND ANR
Mr.U.R. Aute,H/f Talekar & Associates Advocate for the
petitioner
Mr.P.S.Patil, AGP for the respondent/State
CORAM : S.V. GANGAPURWALA &
S.M. GAVHANE, JJ.
DATED :07.12.2017
P.C. :-
.The tribe claim of the petitioner was referred
to Committee for validation. The Committee invalidated
the tribe claim of the petitioner of Tokare Koli
Scheduled Tribe. Aggrieved thereby the present petition.
2.Mr.Aute, learned Advocate for the petitioner
submits that the Committee while invalidating the tribe
claim of the petitioner has lost sight of the documents
that were produced by the petitioner. Validity is issued
in favour of the paternal cousins of the petitioner.
Volomunus record was produced before the Committee in the
shape of certificate issued by Police Patil, Sarpanch,
Secretary of Akhil Koli Samaj Parishad, the copy of the
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first page of the service book of the petitioner and of
the Narayan Sapkale. All these documents would establish
that the petitioner belongs to Tokre Koli Scheduled
Tribe. However, in casual manner all these documents are
set aside. The Validity certificates issued in favour of
the paternal cousins were also brushed aside in the
casual manner. The petitioner had filed on record the
affidavit showing relationship with Uttamrao Saidane,
Pankaj Saidane and Rupesh Borkar. The High Court has also
confirmed the tribe claim of these persons as 'Tokare
Koli' Scheduled Tribe. When the tribe claim of the
paternal cousin has been validated, the petitioner's
claims also needs to be validated. Even the affinity test
is not properly conducted.
3.Learned AGP submits that the basic school record
of the petitioner shows caste being recorded as
Suryawanshi Koli. Said document is of the year 1960. Even
fist page of the service book of the petitioner recored
caste as Suryawanshi Koli and after obtaining the caste
certificate in the year 1976-1977 the same is changed to
Tokare Koli. Learned Advocate submits that validity on
which the petitioner is relying is of distant cousins
separated by 7-8 generations and all these are before
1995. No vigilance was ever conducted in their cases.
4.With the assistance of the learned Advocate for
the parties we have gone through the judgment and the
documents relied by the petitioner.
5.The school record of the petitioner of the year
1960 records caste as Suryawanshi Koli. The birth
certificate of the petitioner records caste as Koli. Even
while entering the service the petitioner represented to
employer that he belongs to Suryawanshi Koli. There is
not a single document in favour of the petitioner either
in the form of the school record or any other public
documents recording caste of the petitioner as 'Tokare
Koli' Scheduled Tribe. The validity certificate relied by
the petitioner of the persons claiming to be near
relatives of the petitioner are distantly related as per
genealogy produced. They are separated by more than 7 to
8 generations and moreover certificate issued in favour
of those persons are prior to 1990. No vigilance is ever
conducted in this case. The basic documents of the
petitioner are against the petitioner. The affinity test
is also against the petitioner. The Committee has
observed that the petitioner could not prove his affinity
test. Considering the totality of the fact in the present
matter, it does not appear that Committee has committed
any error while invalidating the tribe claim of the
petitioner.
6.In the light of above the writ petition stands
dismissed. No costs.
[S.M. GAVHANE, J.] [S.V. GANGAPURWALA, J.]
VishalK/ wp7109.16
Dayaram Dodhu Koli
The State of Mah
S.V. Gangapurwala
S.M. Gavhane
As recorded by the court registry
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