1 wp 7154.14 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7154 OF 2014 Ambar Raghunath Mahale .. Petitioner Versus The State of Maharashtra and others .. Respondents Shri A. S. Golegaonkar, Advocate for the Petitioner. Shri A. S. Shinde, A.G.P. for the Respondent Nos. 1 to 5. CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ. DATE : 06TH FEBRUARY, 2025. ORDER : . With the consent of the parties heard both sides finally at the admission stage. 2. The petitioner is challenging judgment and order dated 30.06.2014 passed by the respondent No. 2/Scrutiny Committee invalidating his tribe certificate of ‘Thakur’ Scheduled Tribe. The grounds for assailing the judgment are that clinching school record of pre-constitutional period having greater probative value was discarded and validities issued to the blood relatives were also not considered in proper perspective. The learned counsel for the petitioner tenders on record table disclosing the material pressed into service including the details of the validities. 3. The learned Assistant Government Pleader supports the 2025:BHC-AUG:3670-DB 2 wp 7154.14 impugned judgment and order. He submits that the committee has considered all aspects of the matter while rejecting the tribe claim. The validities and the school record are rightly discarded. The affinity test was recorded against the petitioner. The findings on the area restriction also cannot be faulted. 4. Having heard both sides, the material pressed into service by the petitioner to support tribe claim has not been disputed by the learned A. G. P. as well as the Committee. The relationship of the petitioner with the validity holders is also not disputed. Following details in the tabular form are provided by the petitioner. Sr. No. Name of the relative of the petitioner Date of Admission Relationship with the petitioner Name of the document 1 Gulabsing Khumansing 06.08.1926 Cousin uncle School admission extract 2 Ramsing Himmatsing 11.07.1922 Cousin uncle __ “ __ 3 Anantsing Karansing 06.08.1926 Cousin uncle __ “ __ 4 Bhagwan Guman 06.01.1932 Real uncle __ “ __ 5 Raghunath Guman 11.06.1945 Father __ “ __ 6 Dalibai Guman 02.03.1950 Real paternal aunt __ “ __ The petitioner also relied on following validities in the family. Sr. No. Name of the validity holder Relation with the petitioner Name of the committee issuing validity with date 01 Pradeep Trimbak Mahale IInd degree 01.01.2007 3 wp 7154.14 paternal cousin 02 Girish Ambar Mahale Son Nandurbar Committee 18.02.2021 03 Vaishali Ambar Mahale Daughter Nandurbar Committee 18.02.2021 5. In view of the pronouncement of the Supreme Court in the matter of Anand Vs. Committee For Scrutiny and Verification of Tribe Claims and others, reported in (2012) 1 Supreme Court Cases 113, pre- constitutional record referred above is having greater probative value, supports the claim of the petitioner. The petitioner’s son and daughter have been conferred with the validity certificates. Apparently, procedure was followed for issuing validities in the family. The petitioner deserves validity certificate on of parity. 6. The affinity test is not a decisive factor as per the latest judgment of the Supreme Court in the matter of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and others reported in 2023 SCC Online SC 326. After removal of area restriction in 1976, place of residence of the petitioner and his forefathers looses the significance. We find that the impugned judgment and order is unsustainable. We, therefore, pass following order. O R D E R (i) The writ petition is allowed. 4 wp 7154.14 (ii) The impugned judgment and order dated 30.06.2014 passed by the respondent No. 2/Scrutiny Committee is quashed and set aside. (iii) The respondent No. 2/Scrutiny Committee shall issue validity certificate tot he petitioner of ‘Thakur’ scheduled tribe immediately. (iv) There shall be no order as to costs. [ SHAILESH P. BRAHME, J. ] [ S. G. MEHARE, J. ] bsb/Feb. 25