JUDGMENT : [A.H. Joshi, J]: 1. Rule. Rule is made returnable forthwith by consent. 2. Heard learned Adv. Mr. S.R. Narnaware for the petitioner and learned Adv. Mr. S.M. Puranik for respondent no.2. Perused the documents annexed to the petition and also record of the Scrutiny Committee. 3. Petitioner was appointed by Order dated 29th July, 1989 in the post reserved for Scheduled Tribe. 4. The petitioner claims that she belongs to Scheduled Tribe - Halba, had applied for Caste Certificate, secured it and furnished the same at the time of appointment. 5. Petitioner_ s tribe claim was referred for verification to the Scrutiny Committee. PETITIINER'S CASE BEFORE SCRUTINY COMMITTEE: 6. Petitioner submitted the information in the prescribed format and filed affidavit in support. In the said format, petitioner furnished information in vernacular. Translation of the points in prescribed proforma and the information furnished therein is as follows:- (5) Qualification : IVth Standard. of father. (6) Traditional occu- : Weaving. pation of family. (7) Part or category of the Scheduled :Halba. Tribe/Sub-tribe claimed by the applicant. (b) Dialect : Marathi. (8)(a) Applicant's mother : Marathi. tongue. [c] Deity : Dantashree Goddess. (d) Surnames of five relations in the : (1) Parate, (2)Dhakate community of (3) Kolhe,(4) Kumbhare, applicant. (5) Sonkusare. (9)(a) Original place, Post, Tahsil : Mowad, Tq. Narkhed, and Distt. Of Distt. Nagpur. Applicant. (b) Reason for leaving : For employment. the original place. [c] Name of place (Village/town/ city, Taluka & Distt. where : Khairgaon applicant's father/grandfather Was residing as on 6-9-1950). (10)(a) Since when the applicant is residing at : Since 1997 being present address employed in Nagar and reason for Parishad. leaving original place. .(b) . . . . .(c) . . . . .(d) . . . . .(11) . . . . . .(12) Document on the basis of which applicant has obtained : School Leaving Certificate. Certificate of Scheduled Tribe from the competent authority. .(13) to (17) . . . . . . .(18) Mention the designation Of appointing authority : Initial appointment address, telephone made by Member- no., if tribe Secretary, Distt. claim is to get Selection Committee scrutinized for [Primary], Zilla employment purpose. Parishad, Wardha. .(19) to (20) . . . . . [True translation of the details furnished by the petitioner in Form-E submitted by her to the Scrutiny Committee for verification of her tribe claim]. 7. claim is to get Selection Committee scrutinized for [Primary], Zilla employment purpose. Parishad, Wardha. .(19) to (20) . . . . . [True translation of the details furnished by the petitioner in Form-E submitted by her to the Scrutiny Committee for verification of her tribe claim]. 7. The Scrutiny Committee referred the Certificate to the Vigilance Cell. The Vigilance Cell has conducted home enquiry. 8. The Vigilance Cell in its home enquiry recorded statement of petitioner and collected evidence. 9. In her oral statement, petitioner has given personal information in vernacular in relation to various columns. Translation of questions-points and details furnished by petitioner is as follows:- (1) Mother tongue : Marathi. of candidate. (2) Traditional dialect : Marathi. of candidate's tribe. (3) Original place of residence : Mowad, Tq. Narkhed, of candidate's Distt. Nagpur. family. (4) . . . . (5) . . . . (6)(a) Traditional Gods/Deities of the caste/ : Goddess Danteshwari. tribe. (b) Place of origi--nation of Gods/ : Not known. Deities. (7) Main annual festivals of the : Pola, Diwali. caste/tribe. (8) (a) Panchayat in : No Caste/Tribe. (b) By what name : No Head is addressed/called. (9) (a) Type of traditional dance in the Caste/ : No tribe. (b) Dances to be performed and : No occasions thereof. (10) Traditional occupation of Caste/ : Weaving. Tribe. (11) Traditionally-treated low occupation : No of caste/tribe. (12) Traditional : Marriages are practice of arranged. The families arranging marriages : of bride and groom and performance have to belong to thereof in the different surnames. caste/tribe. Marriage is fixed after exchange of raw and ripe betel leaves. Marriage is performed at the place of bride. Groom gives bath to the bride by seating her on sacred platform. (13) Traditional religiousrites in the caste/tribe. (a) During : Saree is offered to pregnancy the daughter by maternal side while the pregnancy is in seventh month. .(b) After delivery : Woman is kept secluded for sanity for twelve days. On 12th day, or after five weeks, sesame seeds and jaggery are distributed. (14) Traditional funeral and final rites followed : Pyre is lit. On in the caste/ 13th day “Tervi” tribe. is performed. [True translation of the details furnished by the petitioner in the Form of Statement recorded by Police Vigilance Cell during home enquiry]. PROCEEDINGS BEFORE SCRUTINY COMMITTEE: 10. (14) Traditional funeral and final rites followed : Pyre is lit. On in the caste/ 13th day “Tervi” tribe. is performed. [True translation of the details furnished by the petitioner in the Form of Statement recorded by Police Vigilance Cell during home enquiry]. PROCEEDINGS BEFORE SCRUTINY COMMITTEE: 10. The Research Officer attached to Vigilance Cell gave the report which was adverse to petitioner's tribe claim. 11. The Scrutiny Committee has served on the petitioner a Show-cause-Notice dated 17th July, 2006, and delivered with it copy of report of the Vigilance Cell and documents forming part thereof. 12. Petitioner has furnished reply to the said Show-cause- Notice on 18th July, 2006, wherein the petitioner has raised following points:- “[1] I have already submitted various documents pertaining to the father and forefathers in order to claim that I belong to Halba, Scheduled Tribe. [2] The single document produced by the police vigilance cell regarding the two entries are not sufficient to prove that I belong to a particular community. [3] The information furnished by me regarding the Halba, scheduled tribe is not properly evaluated and analyzed by the Police Vigilance Cell. [4] The peculiar characteristics of anthropological and ethnological traits of Halba, Scheduled Tribe have been mentioned in the form which is one of the vital grounds to decide my caste claim as per the Supreme Court judgment in Ku. Madhuri Patil's case. [5] I, therefore, request to the Scrutiny Committee to re-examine and re-enquire my case and grant me opportunity through my counsel to cross-examine the Research Officer, Vigilance Officer and Head Master who produced the entries of Deorao Pundlik. [6] I further request to grant me some more time to produce documentary evidence which are really substantial in order to claim that I belong to Halba, Scheduled Tribes. [7] The Police Vigilance Cell Report showing he entries as Koshti, cannot be said as conclusive proof in order to decide my caste claim. [8] It is submitted that, there was a trend during pro-independence to record the occupation / profession of the person in the documents and not the caste. [9] The petitioner further submits that the father and fore-fathers adopted the profession / occupation of weaving which was also adopted by the Koshtis but it does not necessarily mean that the petitioner belongs to the same. [9] The petitioner further submits that the father and fore-fathers adopted the profession / occupation of weaving which was also adopted by the Koshtis but it does not necessarily mean that the petitioner belongs to the same. [10] The Halba community have been migrated and adopted the profession of weaving and also amalgamated in Hinduised community / society and also adopted to follow the customs and traditions of Hindu community. It is also needless to mention that the tradition which was followed by the tribal in early period has been changed as per the changing nature of the society at present. [11] The 21st Century absolutely modernized in every aspect of Human Life and the Halba community is not an exception to follow the same changes. It is, therefore, submitted that the life style of the Halba people have been changed and the tribal customs and traditions which was followed earlier are followed partly by the present generation and it is, therefore, submitted that the traits and characteristics etc., of the Halba community cannot be the same in view of the today's changing society.” [Quoted from page nos. 23, 24, 25 and 26 of the Writ Petition paper-book. Paragraph numbers are given for identification and convenience in reading]. 13. The Committee has afforded an opportunity to the petitioner to cross-examine the Head-mistress. 14. The committee gave hearing to the petitioner and decided the case by decision and order dated 7th November, 2009. DECISION OF THE SCRUTINY COMMITTEE: 15. In the judgment, the Committee had framed two points / issues for consideration as follows:- “1. Whether the tribe claim of the candidate is proved by way of documentary evidences? 2. Whether the tribe claim of the candidate sustains by way of affinity test?” [Quoted from page no.33 of the Writ Petition paper-book]. 16. So far as Issue / Point No.1 is concerned, it relates to value and worthiness of documentary evidence. 17. It is seen that the Petitioner could not explore anything from the cross-examination of the headmistress. The documents, as they stand, were relied upon, and the Committee held that the documents did not support petitioner's tribe claim to be belonging to “Halba” - Scheduled Tribe. 18. Admittedly, in the documents relied upon by the petitioner, petitioner's caste was recorded as “Koshti.” Petitioner has offered an explanation that it was an occupation and not the caste. The documents, as they stand, were relied upon, and the Committee held that the documents did not support petitioner's tribe claim to be belonging to “Halba” - Scheduled Tribe. 18. Admittedly, in the documents relied upon by the petitioner, petitioner's caste was recorded as “Koshti.” Petitioner has offered an explanation that it was an occupation and not the caste. The documentary evidence, however, has gone unrebutted. 19. Second issue pertains to proof of petitioner's tribe claim on the basis of affinity test. 20. It is pertinent to note that the petitioner appears to have been fully content with information furnished by her before the Scrutiny Committee before Vigilance Cell Enquiry was conducted. Apparently, due to this, the Petitioner did not lead any other evidence in support of her claim as regards affinity, customs, practices, traditions etc. which constitutes the proof of exclusive identity of Halba _ Scheduled Tribe. 21. The appreciation of evidence, i.e. information furnished by the petitioner in the format, statement given by her and its match / cross-match with the expert knowledge of the Research Officer has been dealt with by the Committee in Paragraph 12 onwards of its order. ANALYSIS & FINDINGS OF THE SCRUTINY COMMITTEE: 22. The analysis and findings recorded by Committee with reference to petitioner's evidence are as follows:- [i] Mother Tongue and Dialect :- Petitioner's evidence : The candidate during the course of vigilance enquiry on 12-5-2006 stated her dialect as Marathi, during the hearings stated her mother tongue as Marathi and dialect as Marathi / Halbi. The candidate's father during the course of vigilance enquiry on 3.1.2007 stated their dialect as Halbi. Finding by the Committee : This reveals that the candidate and her father have not been consistent in stating their genuine dialect. [ii] Occupation :- Petitioner's evidence : The candidate and her father stated their traditional occupation as weaving. Finding by the Committee : Weaving actually is the traditional occupation of Koshti caste people and is a taboo amongst the genuine Halba Scheduled Tribe people. [iii] Deities of worship :- Petitioner's evidence : Candidate stated their Gods and Goddesses as Ambagade, Kolba Swami, Bhawani, Durga, Karuji Buwa, Bada Deo, Bura Deo and Mahadeo. Finding by the Committee : [a] The genuine Halba Scheduled Tribe people worship Motha Deo, Wagh Deo, Ghoda Deo, Mata Devi, Thakur Deo, Jangal Deo, Sati. [iii] Deities of worship :- Petitioner's evidence : Candidate stated their Gods and Goddesses as Ambagade, Kolba Swami, Bhawani, Durga, Karuji Buwa, Bada Deo, Bura Deo and Mahadeo. Finding by the Committee : [a] The genuine Halba Scheduled Tribe people worship Motha Deo, Wagh Deo, Ghoda Deo, Mata Devi, Thakur Deo, Jangal Deo, Sati. [b] The Ambagadya is the deity worshiped by the Halba-Koshti people, when the persons are sick in the family and Kolba Swami has been a great Saint from the Halba-Koshti caste revered by the Kosthi caste people and the seat or pilgrim of this great Sain is at Dhapewada. [iv] Common surnames of Tribals in Halba :- Petitioner's evidence : The candidate stated that Pola, Diwali, Jiwati, Akhadi, Nagpanchami, Tij are their festivals. Finding by the Committee : [a] The genuine Halba Scheduled Tribe people actually celebrate Tej, Herili and Sirata festivals. In the questionnaire dated 24.11.2006, the candidate stated their festivals as Herili and Sirata. [b] During the hearing on 7.11.2009, candidate was specifically asked about the festivals Tej, Herili and Sirata, however, she failed to explain the same, which proved that she was tutored about the said information. [v] Existence of community Panchayat :- Petitioner's evidence : The candidate during the course of vigilance enquiry on 12.5.2006 and her father during the hearing on 3.1.2007 stated that there is no Community Panchayat in their community. Finding by the Committee : However, the candidate during the hearing on 7.11.2009 has given the information that there is Community Panchayat in their community and the Head of Community Panchayat is called as 'Mahaliya', whereas the Head of the Caste Panchayat of genuine Halba- Scheduled Tribe people is known as Kursha. [vi] Details & names of sub-castes of Halba _ Scheduled Tribe :- Petitioner's evidence : During the hearing on 7.11.2009, the candidate stated that Salvi, Gadhewal, Lad etc., are the sub-castes of her caste. Finding by the Committee : Actually, those are the subcastes of the Koshti caste. [vii] Names of Saints of community “Halba” Scheduled Tribe :- Petitioner's evidence : During the hearings on 24.11.2006, 26.11.2007 and 7.11.2009 the candidate has stated that Kolba Swami was a Saint of their community. Finding by the Committee : Kolba Swami has been a great Saint of the Halba Koshti caste, followed by Halba- Koshti caste people. 23. [vii] Names of Saints of community “Halba” Scheduled Tribe :- Petitioner's evidence : During the hearings on 24.11.2006, 26.11.2007 and 7.11.2009 the candidate has stated that Kolba Swami was a Saint of their community. Finding by the Committee : Kolba Swami has been a great Saint of the Halba Koshti caste, followed by Halba- Koshti caste people. 23. The Committee found support for its findings in the information crystallized on the basis of research of the Committee under chairmanship of Dr. V.J. Ferreira, M.A., Ph.D.. According to the Committee, said report is considered to be the basis of the information to be used as a basic data by the Committee for cross-matching with the evidence which may be brought by a candidate claiming to belong to Halba _ Scheduled Tribe. The discussion in this regard is contained in para 13 of the order. 24. The surnames found by Expert Committee led by Dr. V.J. Ferreira to be those of Koshtis and not found amongst Halbas are as follows:- “13. ......................................... 1. Dhakate 7. Ninawe 2. Bokade 8. Barapatre 3. Nandanwar 9. Sonkusare 4. Parate 10. Randive 5. Sorte 11. Nikhar. 6. Kumbhare &..............................” [Quoted from page no.38 of the Writ Petition paper-book]. FOUNDATION OF CHALLENGE TO THE DECISION OF THE COMMITTEE 25. The finding recorded by the Committee that the petitioner has failed to satisfy the affinity test is challenged by her by placing fervent reliance on the Full Bench Judgment of this Court in case of Shilpa Vishnu Thakur Vs. Sate of Maharashtra & others [2009 (3) Mh.L.J. 995]. 26. Learned Adv. Mr. Narnaware has emphasized that the importance should, and ought to have been given to affinity test, traits etc. which has not been done. 27. It is now clear that challenge raised by the petitioner is solely on the ground that the Scrutiny Committee did not assess petitioner's tribe claim based on the affinity test, traits and customs etc. 28. It is further urged that impugned order does not disclose as to what are the parameters or touchstones / benchmark on which petitioner's case is compared, because of which the Committee has found that the petitioner does not belong to Halba _ Scheduled Tribe. ANALYSIS OF PETITIONER'S SUBMISSIONS: 29. As noted from the record, petitioner was content with the information furnished by her and her father before the Vigilance Cell. ANALYSIS OF PETITIONER'S SUBMISSIONS: 29. As noted from the record, petitioner was content with the information furnished by her and her father before the Vigilance Cell. The base on which the petitioner claims to be belonging to Halba _ Scheduled Tribe is the information furnished by her in paras 7 and 8 of the printed format submitted by her, and in the oral statement contained in paragraph nos. 6 (a), 7, 12 and 13 etc., which is quoted [Translated in paragraph nos. 6 and 9 of this judgment]. 30. It is a matter of record that the Petitioner did not render or tender any oral evidence in the form of her own statement on oath after service of adverse report of Vigilance Cell and the Show-cause-Notice. 31. In the background that the petitioner did not produce any proof either of her own or other relatives, the Petitioner wants that the Committee should have accepted her version contained in the application and statement given before the Vigilance Cell as the conclusive evidence of the fact that she belongs to Scheduled Tribe _ Halba. 32. The Committee has ruled against the petitioner on her claim based on the grounds noted in foregoing paragraph no.22. 33. The Committee analyzed and has negatived the nexus and affinity of the petitioner with Halba _ Scheduled Tribe. The Committee has then recorded a positive finding that:- [a] The features of affinity relied upon by the petitioner are those of Koshtis; [b] That, 'weaving' is a taboo amongst Halba _ Scheduled Tribe. [c] The surnames claimed to be belonging to Halbas, too have been found by the Committee based on treatise of experts to be those belonging to Koshtis, and not those of Halbas. 34. The petitioner sticks up to her own version and evidence, and challenges the order of the Committee without coming out of what she has said, namely:- [a] Her mother tongue and dialect is Marathi. [b] Petitioner and her father had accepted their traditional occupation to be weaving. [c] Their deities of worship are Goddesses Ambagade, Kolba Swami, Bhawani, Durga, Karuji Buwa, Bada Deo, Bura Deo and Mahadeo. [d] The festival days to be Pola, Diwali, Jiwati, Akhadi, Nagpanchami, Tij etc. [e] That, there is no community Panchayat. [f] Sub-castes of their tribe are Salvi, Gadhewal, Lad. [g] Kolba Swami is the Saint of the community. [c] Their deities of worship are Goddesses Ambagade, Kolba Swami, Bhawani, Durga, Karuji Buwa, Bada Deo, Bura Deo and Mahadeo. [d] The festival days to be Pola, Diwali, Jiwati, Akhadi, Nagpanchami, Tij etc. [e] That, there is no community Panchayat. [f] Sub-castes of their tribe are Salvi, Gadhewal, Lad. [g] Kolba Swami is the Saint of the community. [h] Common surnames in their community are Parate, Dhakate, Kolhe, Ninawe, Sonkusare etc. 35. This Court has given due consideration of petitioner's submission, and analysis of contention with reference to the evidence on record in the form of her own version brought forward by the petitioner and her father. The conclusion, which emerges from said evidence, is that the petitioner has failed to establish nexus, whatsoever, and her affinity with Halba _ Scheduled Tribe. The petitioner has failed to rise above the adverse findings of Scrutiny Committee. 36. Comparison done by Committee with experts' treaties and based on expertise of Research Officer has not been challenged by the petitioner on any objective test and positive and sound reasons, such as being perverse or illegal. 37. The challenge to the decision of the Scrutiny Committee is based on barely argumentative points and without any factual and legal support. 38. It is clear that the petitioner's claim is spurious, untrue, not proved according to law and hence untenable, and has been rightly rejected by the Scrutiny Committee. 39. The Judgment impugned has to be shown contrary to facts or law, which has not been done by the petitioner. 40. The grievance of the petitioner that the dictum of Hon'ble Full Bench of this Court, which is, in fact, based on basic precedent in Madhuri Patil's case being not followed, is a submission without factual foundation. 41. In the result, Petition has no merit in relation to her claim that she belongs to Halba _ Scheduled Tribe. 42. In so far as absorption of the petitioner in the employment is concerned, admittedly, the Certificate “subject-matter” was issued after the Govt. decision of 1995 protecting the services of those who may have secured the certificate under a bona fide mistake and got the employment. 43. Present is a case where petitioner does not show that she is of a tribal origin, and has migrated outside. decision of 1995 protecting the services of those who may have secured the certificate under a bona fide mistake and got the employment. 43. Present is a case where petitioner does not show that she is of a tribal origin, and has migrated outside. On petitioner's own version, it is not a case of confusion or failure to prove tribe claim, rather it is a case that to her own knowledge and to her father's knowledge, she belongs to caste "Koshti" and secured a certificate of being Halba _ Scheduled Tribe. Thus, the petitioner has usurped the chances of a genuine tribal candidate, and she is not entitled for protection in the employment. The case law relied upon by the petitioner does not help her. Even on this count, petitioner has no case. 44. In the result, Rule is discharged. 45. Parties are directed to bear own costs.