J WP-5136-2022.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.5136 OF 2022 PETITIONER : Vaikuntham Laxmayya Golkonda, Age 48 Years, Occupation – R/o. Rangdham Peth, Post Ankisa, Tahsil Sironcha, Dist. Gadchiroli. ..VERSUS.. RESPONDENTS : 1 State of Maharashtra, through its Secretary, Ministry of Social Justice, Mantralaya. 2 Dy. Director, through Scheduled Tribes Caste Certificate Committee, Gadchiroli Division, Dist. Gadchiroli. 3 Tahsildar/Taluka Election Officer, Tahsil Office Sironcha, Dist. Gadchiroli. ---------------------------------------------------------------------------------------- Shri. Shubhankar S. Phadnis, Advocate for Petitioner. Ms. Sangita S. Jachak, Addl. G. P. for Respondents/State. -------------------------------------------------------------------------------------------------------- CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED 3 rd SEPTEMBER, 2026. ORAL JUDGMENT : (PER : URMILA JOSHI-PHALKE, J.) . Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for petitioner and learned Additional Government Pleader for the respondents/State. 2. Present petition challenges the impugned order dated 21.06.2022 passed by respondent No.2 - Scheduled Tribes Caste Certificate Committee, Gadchiroli Division, District Gadchiroli, invalidating the caste claim of the petitioner belonging to “Mannewar” Scheduled Tribe. 2026:BHC-NAG:11716-DB J WP-5136-2022.odt 2 3. Heard learned counsel for the petitioner, who submitted that the petitioner, a permanent resident of Gadchiroli and belonging to the “Mannewar” community, which is included in the list of Scheduled Tribes as per the Constitution (Scheduled Tribes) Order, 1950, at Serial No.18, has been elected as a Member of Grampanchayat Laxmidevpetha, Taluka Sironcha, District Gadchiroli, on 22.01.2021. As per the requirement, the petitioner was required to submit a validity certificate within a period of six months. Therefore, he approached to respondent No.2 - Committee by making an application for grant of a Tribe Validity Certificate. To substantiate his tribe claim of belonging to the “Mannewar” community, he placed reliance on a pre-Constitutional document of the year 1929. However, the Committee has ignored the said document and straightaway relied upon one contrary entry of the years 1974 and 1975. He submitted that, in fact, the Committee ought to have considered that the pre-Constitutional document shows the petitioner as a “Mannewar”, which has the highest probative value. However, the Committee has ignored the same and invalidated the tribe claim of the petitioner. Therefore, this petition. 4. In support of his contention, he placed reliance on the decision of this Court in Writ Petition No.8048 of 2018 with Writ Petition No.2447 of 2018, wherein this aspect was considered by this Court. J WP-5136-2022.odt 3 5. Per contra, learned Additional Government Pleader strongly opposed the said contention and submitted that there is interpolation in the document of 1929, as the word “war” was subsequently added, and therefore, the Committee has invalidated the caste claim of the present petitioner. She submitted that, during the vigilance inquiry, the Vigilance Officers have come to the conclusion that the word “war” is subsequently added, and therefore, the said document becomes doubtful. In view of that, the caste claim was invalidated, and therefore, no interference is called for. 6. After hearing both sides and on perusal of the record, it reveals that the petitioner has produced the family tree, which is placed on record, showing that ‘Bandu’ is the original ancestor, having three sons, namely, Samayya, Laxmayya and Yerayya. Laxmayya was having four sons and one daughter, namely, Rajanna, Vaikuntham, Madhukar, Shriniwas and Savitri. Herein, the petitioner - Vaikuntham is the son of Laxmayya. The petitioner relied upon the Kotwal Panji, showing the birth of the son of Golkonda Mannewar dated 09.11.1929, wherein the grandfather of the petitioner was recorded as Mannewar. 7. We have also perused the vigilance report. During the vigilance inquiry, the Vigilance Officer verified the said entry. As per the vigilance report, the word “war” was added subsequently. We have also perused the original record, from which it nowhere reveals that the word J WP-5136-2022.odt 4 “war” was added subsequently. As far as the Vigilance Cell report is concerned, it nowhere discloses that there was any addition to the said document. Therefore, we except the view of the Vigilance Officer that the word “war” was added subsequently, and on that basis, the Scrutiny Committee appears to have invalidated the caste claim. 8. On perusal of the impugned order, it reveals that the Scrutiny Committee has considered various documents, including a document of the present petitioner, i.e., the affidavit dated 11.08.2021, showing him as “Mannewar”. The document of the father of the present petitioner also shows him as “Mannewar”. The oldest document on which the petitioner has relied upon is the Kotwal Panji in the name of his grandfather, showing the birth of Narsaiyya, uncle of the present petitioner, dated 06.11.1929, wherein the relationship mentioned is that of a grandfather. As we have already observed, as far as the contention of the Scrutiny Committee that the word “war” was added subsequently is concerned, the same is without any evidence. On bare perusal of the said document, it nowhere reveals that the said word was added subsequently. Another reason assigned by the Committee is that one of the entries, i.e., the entry of 1975-76, shows that against the name of Golkonda Rajanna Laxmayya, the word “Mannewar” is mentioned. Admittedly, the said entry is subsequent to the independent document, i.e., a post- Independence document. J WP-5136-2022.odt 5 9. Now, it is well settled that a pre-Constitutional document has the highest probative value. It is stated in the case of Anand vs. Committee for Scrutiny and Verification of Tribe Claims and others, reported in MANU/SC/1316/2011, and reiterated in the recent judgment by the Hon’ble Apex Court in the case of Yogesh Madhav Makalwad vs. The State of Maharashtra and others, reported in MANU/SC/1070/2025, wherein the Hon’ble Apex Court, specifically after referring to the judgment in Anand (supra), held that, while dealing with documentary evidence, greater reliance may be placed on pre- Independence documents because they furnish a higher degree of probative value to the declaration of the status of a caste, as compared to post-Independence documents. Considering the same, admittedly, the document of 1929, which has the highest probative value, requires to be considered. 10. As far as the submission of learned Addl. G.P. that there is an interpolation in the document is concerned, a mere submission would not be sufficient to substantiate the said contention. There has to be some evidence on record to prove the forgery or cheating. The intention as well as the act of forging the document requires to be proved. Therefore, the contention of learned Addl. G.P. has no substance. 11. Considering that the document belonging to the pre- Constitutional era has the highest probative value and shows that the J WP-5136-2022.odt 6 petitioner’s forefather, i.e., his grandfather, was recorded as “Mannewar”, and the said fact has been ignored by the Committee, the present petition deserves to be allowed. Accordingly, we proceed to pass following order : O R D E R i) The writ petition is allowed. ii) The order dated 21.06.2022 passed by respondent No.2 - Scheduled Tribes Caste Certificate Committee, Gadchiroli Division, District Gadchiroli, is hereby quashed and set aside. iii) The petitioner is declared as belonging to “Mannewar” Scheduled Tribes. iv) Respondent No.2-Committee shall issue the Validity Certificate to the petitioner within six weeks from the date of receipt of the order of this Court. 12. With this, the petition is disposed of. Rule is made absolute in the above said terms. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 04/09/2026 19:44:11