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2006 DIGILAW 631 (BOM)

Rajesh Jagdishrao Gode v. State of Maharashtra

2006-04-19

M.G.GAIKWAD, N.V.DABHOLKAR

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N. V. DABHOLKAR, J.:- Heard learned advocates for respective parties. 2. Rule. Rule returnable forthwith. By consent of parties, petition is heard finally. Mr. Deshmukh, Advocate has vehemently opposed the writ petition and he has supported every reason recorded by the scrutiny committee on the same line of arguments as the reasons recorded by the committee. 3. Petitioner who is selected as clerk-cum-typist on a post reserved for Scheduled Tribe, challenges order dated 21-4-05 delivered by the Committee for Scrutiny and Verification of Tribe Claim, Aurangabad, Division, Aurangabad by which claim of the petitioner of belonging to S.T. Koli Mahadeo is invalidated. 4. On going through impugned order, it appears that as many as 11 documents were produced before the scrutiny committee and were considered by the scrutiny committee. Documents at Sr. Nos. 1 to 5 were xerox copies of extracts of certificates and school record respectively. In all these documents caste of the petitioner and his father seems to have been registered as Hindu Mahadeo Koli. From these documents, document at Sr. Nos. 1 and 3 can be said to be under scrutiny because those are certificates issued to the petitioner and xerox copy of his birth certificate. Eventually birth certificate of the petitioner is dated 24-6-1975 and in the birth certificate issued by Health Officer, Municipal Council, Aurangabad caste of the petitioner is recorded as Hindu Mahadeo Koli. Atleast it can be said that none of these documents cause any adverse effect on the tribe claim of the petitioner. Document at Sr. No.6 is original copy of Urdu document purportedly extract of admission register issued by Zilla Parishad, Midctle School, Chavani, Aurangabad. The same is pertaining to admission of the father of petitioner viz. Jagdish Malharrao. In the said certificate religion/caste is recorded as Hindu and sub-caste Mahadeo Koli is not recorded, although there is a column for subcaste. This one is the document having adverse effect on the tribe claim of the petitioner. Document at Sr. No.7 is affidavit sworned by . one Shankar Gangaram Amberao whose caste certificate was validated by this High Court in Writ Petition No.753/84 on 17-10-85. In his affidavit this affiant has claimed to be the relative of the petitioner. From the affidavit of the petitioner at paper book page 29 affiant Shankar Gangaram Amberao seems to be maternal cousin. No.7 is affidavit sworned by . one Shankar Gangaram Amberao whose caste certificate was validated by this High Court in Writ Petition No.753/84 on 17-10-85. In his affidavit this affiant has claimed to be the relative of the petitioner. From the affidavit of the petitioner at paper book page 29 affiant Shankar Gangaram Amberao seems to be maternal cousin. Since the affiant is not cousin with paternal side, we are inclined to ignore this piece of evidence. Documents at Sr. Nos.9 and 10, certificate issued by Akhil Bhartiya Adiwasi Koli Samaj Sanghatana as also birth certificate of the brother of the petitioner recorded the caste to be Mahadeo Koli and if these documents are to be considered not weighty (birth date of brother of petitioner is 3-2-1990) those atleast did not cause any adverse effect on the tribe claim of the petitioner. 5. We find that documents at Sr. Nos.8 and 11 could not have been ignored by committee. Document at Sr. No.8 is an Urdu document and translation is provided which appears to be a rent note executed on stamp paper of Re.1/- of 1938 A.D. by grand-father of the petitioner viz. Malharrao Balya Gode. Eventually, immediately after name and age of the executor his caste is also referred as Mahadeo Koli. 6. We have perused original document made available for ready reference by learned counsel for the petitioner. The age of the paper and the ink (document is laminated) does not create any doubt in our mind nor scrutiny committee has expressed any doubt about this document. The scrutiny committee has rejected this document on the sole ground that this is an unregistered document. We find the reason of the scrutiny committee to be inadequate to reject this document in toto. The learned counsel has also produced for our perusal one additional document and we have perused that after giving Advocate Shri. Deshmukh an opportunity to peruse the same. It seems to be a document on a stamp paper of Rs.3.50 executed by Tahsildar, Aurangabad on or around 4-10-1972 by which petitioner is allowed permission to construct house on certain land at Mukundwadi. In this document, name of father of petitioner is recorded as Shri. Jagdish Malharrao - Mahadeo Koli. It seems to be a document on a stamp paper of Rs.3.50 executed by Tahsildar, Aurangabad on or around 4-10-1972 by which petitioner is allowed permission to construct house on certain land at Mukundwadi. In this document, name of father of petitioner is recorded as Shri. Jagdish Malharrao - Mahadeo Koli. We feel these two documents one which is referred by committee and one which is not referred by the committee, to be quite weighty where caste of grand-father of the petitioner was recorded as Mahadeo Koli on the first occasion and that of his father was recorded as Mahadeo Koli on the second occasion. On the first occasion while recording an agreement between private parties and on the second occasion while recording grant by Government in favour of father of petitioner. We feel these documents to be more weighty than the documents those cropped up in the mind of scrutiny committee on the basis of birth date certificate of brother of petitioner. 7. The reasons about the doubts regarding birth certificate of petitioner's brother viz. Vinod Gode are discussed in para 3 and scrutiny committee has shown inclination to disbelieve this document because according to scrutiny committee the word "Mahadeo" is in different ink in the column of the caste which is registered as Hindu Mahadeo Koli. We do not have benefit to have a glance in the original register but we are still inclined to reject these reasonings adopted by the scrutiny committee. Amongst group of words Hindu Mahadeo Koli in Marathi script, word "Mahadeo" is of 4 alphabets and words Hindu and Koli are of only 2 alphabets. If at all word "Mahadeo" is to be suspected as subsequent addition, that will have to be by interpolation and such interpolation will require a gap of as many as 6 alphabets, because otherwise the interpolation would be obvious by cramped writing. The word Hindu Mahadeo Koli in Marathi would require space for 2 alphabets for word Hindu, space between 2 words then the space for 4 alphabets Mahadeo again space between 2 words and then space for 2 more alphabets for word Koli. If at all the word Mahadeo is to be subsequently interpolated between these words Hindu and Koli, that will require atleast space of 6 alphabets if the word is to be interpolated comfortably. If at all the word Mahadeo is to be subsequently interpolated between these words Hindu and Koli, that will require atleast space of 6 alphabets if the word is to be interpolated comfortably. Since, the scrutiny committee has not observed that word Mahadeo is apparently interpolated because it is in the cramped form or because the alphabets of this word are smaller than alphabets of the words Hindu and Koli on its 2 sides mere difference of ink would not be sufficient. We are not inclined to agree with the committee that because of difference in ink the entry in the birth register of brother of petitioner was doubtful. We also cannot ignore that in the old days (the birth date of the brother is 1970) and those were the days when fountain pen had not taken over in the Government offices. Writing was used to be done by nip and ink from nip borrowing ink from ink pot. Ink of different letters used to vary in its darkness. 8. For the reasons discussed hereinabove, we feel that birth register of petitioner, his brother and father showing caste of Hindu Mahadeo Koli supported by two old documents one private agreement and second government grant, regarding the caste of petitioner's grand-father and father to be Mahadeo Koli were sufficiently weighty. We therefore, feel that appreciation of evidence on the part of the scrutiny committee to be inappropriate and perverse in the sense it ignored the evidential value of old document on unsustainable ground that it was not registered. We are therefore, inclined to allow tribe claim of the petitioner. Impugned order is therefore, quashed and set aside. We direct the scrutiny committee to issue a validation certificate to the petitioner of belonging to Scheduled Tribe Mahadeo Koli. This should be done at the earliest and in any case within a month since receipt of the writ. Rule made absolute accordingly. Authenticated copy is allowed at the request of advocates. Petition allowed.