Bombay High Court
Husna Sadaf Sayeed Khan vs The State Of Maharashtra And ... on 29 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1085 WRIT PETITION NO. 1343 OF 2021
Kum. Saba Iram Sayeed Khan .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. A. S. Golegaonkar, Advocate h/f Mr. M. A. Golegaonkar, Advocate
for the Petitioner.
Mr. P. S. Patil, Addl. G. P. for Respondents-State.
1086 WRIT PETITION NO. 1344 OF 2021
Kum. Husna Sadaf Sayeed Khan .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. A. S. Golegaonkar, Advocate h/f Mr. M. A. Golegaonkar, Advocate
for the Petitioner.
Mr. P. S. Patil, Addl. G. P. for Respondents-State.
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 29th JANUARY, 2021.
PER COURT:-
. The petitioners in both the writ petitions are real sisters. Their
tribe claims as belonging to "Tadvi" (Scheduled Tribe) are invalidated.
Aggrieved thereby, the present writ petitions.
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2. Mr. Golegaonkar, learned counsel for the petitioners submits that
there is not a single contra entry on record. The oldest entry of 1322
fasli to 1338 fasli that would be equivalent to 1912 to 1928 in the
name of the great grandfather of the petitioners shows the tribe
recorded as "Tadvi Musalman". In the school record of the petitioners'
father and the grandfather the tribe is recorded as Islam or Muslim.
The same is not a contra entry. In the school record of the paternal aunt
of the petitioners, so also paternal cousins the tribe is recorded as
"Muslim Tadvi". Not a single contra entry appears on record. The
vigilance has found the entry in the school record of the great
grandfather of the petitioners namely Hanif Khan recording tribe as
"Tadvi Musalman" as to be genuine. The vigilance has not raised any
doubt about the said entry. The learned counsel further submits that on
the ground of area restriction the committee has ignored the
documentary evidence. According to the learned counsel, the affinity
test is not the litmus test. The learned counsel relies on the judgment of
the Apex Court in case of Anand Vs. Committee for Scrutiny and
Verification of Tribe Claims and others reported in 2012 (1) SCC 113.
3. Mr. Patil, learned Addl. G. P. submits that the committee has
found the register wherein the entry of the great grandfather of the
petitioners is recorded to be doubtful. The learned Addl. G. P. further
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submits that the petitioners does not come from the area where
normally "Tadvi" (Scheduled Tribe) used to reside. The petitioners have
failed to prove the affinity test. The other documents relied by the
petitioners wherein entry of "Tadvi" is recorded are from the year 1985
onwards. Even in the school record of the petitioners father and
grandfather the tribe is recorded as "Muslim" or "Islam" and not as
"Tadvi"
4. We have considered the submissions canvassed by the learned
counsel for respective parties.
5. The petitioners have placed reliance on the following documents.
v- "kkGsps uko izos"k fo|kF;kZps vtZnkj dz- Tkkrhph uksan izos"k fnukad
dz- dzekad uko 01 "kh ukrs
1- iz-"k-e-u-ik-dsa-izk- 865 guhQ [kku iatksck rMoh [email protected]@1933
e/;orhZ "kkGk] eksgEen [kku eqlyeku
ijHk.kh lkgkc
2- Ek-u-ik-izk- "kkGk] 736 "kCchj [kkWa vktksck bLyke [email protected]@1958
eksehuiqjk dz- 1] guhQ [kkWa eqfLye
ijHk.kh
3- ft-i- cgqfo/k 2409 j"khn [kku Pkqyr && [email protected]@1964
iz"kkyk] ijHk.kh guhQ [kku vktksck
4- MkW- tkdsj gqlsu [email protected] ;qlqQ [kku Pkqyr bLyke [email protected]@1977
izk- "kkGk] ijHk.kh guhQ [kku vktksck eqfLye
5- MkW- tkdsj gqlsu [email protected] ;qlqQ [kku Pkqyr ¼eqfLye½ [email protected]@1977
izk- "kkGk] ijHk.kh guhQ [kku vktksck
6- foosdkuan bafXy"k 197 LkbZn [kku oMhy eqfLye [email protected]@1988
"kkGk] ijHk.kh "kCCkhj [kku
7- EkWkMsy mnqZ izk;ejh [email protected] fu[kr Pkqyr eqfLye [email protected]@1985
Ldqy] ijHk.kh Qkrsek vkR;k rMoh
¼rcLlqe½
j"khn [kku
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8- EkWkMsy mnqZ izk;ejh [email protected] bezku [kku Pkqyr eqfLye [email protected]@1986
Ldqy] ijHk.kh j"khn [kku Pkqyrk rMoh
9- EkWkMsy mnqZ izk;ejh [email protected] bjQku [kku Pkqyr eqfLye [email protected]@1986
Ldqy] ijHk.kh j"khn [kku Pkqyrk rMoh
10- EkWkMsy mnqZ izk;ejh [email protected] vlek rthu Pkqyr eqfLye [email protected]@1989
Ldqy] ijHk.kh j"khn [kku vkR;k rMoh
11- EkWkMsy mnqZ izk;ejh [email protected] f"kck Qjkgk Pkqyr eqfLye [email protected]@1995
Ldqy] ijHk.kh [knhj [kku vkR;k rMoh
12- EkWkMsy mnqZ izk;ejh 2269 vkesj [kku Pkqyr eqfLye [email protected]@2001
Ldqy] ijHk.kh [knhj [kku Pkqyrk rMoh
13- gkth eksgEen 217 vkjQr [kku Pkqyr eqfLye [email protected]@2010
ikMsyk izk;- "kkGk] [knhj [kku Pkqyrk rMoh
ijHk.kh
6. From the documents, it appears that, there is not a single contra
entry on record. The record of Islam / Muslim cannot be said to be a
contra entry. The same denotes religion. The entry in the school record
of the petitioners great grandfather is dated 22.06.1933. In the same,
tribe is recorded as "Tadvi Musalman". The vigilance is conducted. The
vigilance has not demonstrated any suspicion. As far as the said entry is
concerned, vigilance has found the said entry to be genuine and no
interpolation has been recorded. According to the committee, the said
register is shown to be from 1322 fasli to 1338 fasli that would be
equivalent to 1912 to 1928 and the entry of 1933 would not appear.
However, the entries of 1931 and 1933 appear in the said register. No
interpolation has been found by the vigilance. The said entry is of pre-
constitutional period, which would have more probative value.
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7. Considering the aforesaid facts, we quash and set aside the
impugned order. The committee shall issue validity certificates to the
petitioners of "Tadvi" (Scheduled Tribe). The committee is entitled to
conduct more detailed investigation in respect of the register wherein
entry in the school record of the great grandfather of the petitioners
namely Hanif Khan Mohammad Khan dated 22.06.1933 bearing no.
865 is recorded and if after conducting the detailed enquiry the
committee comes to some specific conclusion, committee is at liberty to
issue show cause notice to the petitioners for further action.
8. Writ petitions accordingly are disposed of. No costs.
( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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