Bombay High Court
Gunwant Kishor Shirsath vs The State Of Maharashtra Through Its ... on 1 February, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:2629-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 13909 OF 2023
Gunwant Kishor Shirsath
Age 19 years, Occ. Education,
R/o. Kanchanpur Village,
Tq. Sindkheda,
Dist. Dhule. .. Petitioner
Versus
1. The State of Maharashtra
through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai -32.
2. Joint Commissioner,
Scheduled Tribe Certificate Scrutiny
Committee, Dhule
Add. :- Sindhu Manik, Survey No.53
Near Eakvir Devi High School,
Sharda Nagar, Devpur, Dhule 424 005. .. Respondents.
Mr. M.V. Thorat, Advocate for petitioner.
Mr. N.S. Tekale, AGP for respondent Nos. 1 and 2
CORAM : SMT. VIBHA KANKANWADI
& S.G. CHAPALGAONKAR, JJ.
RESERVED ON : 25th JANUARY, 2024.
PRONOUNCED ON : 1st FEBRUARY, 2024.
JUDGMENT [ PER S.G. CHAPALGAONKAR, J] :-
1. Heard. Rule. Rule made returnable forthwith. Heard finally
by consent of learned counsel for the parties.
2. The petitioner approaches this court under Article 226 of the
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Constitution of India impugning the order dated 4th September 2023
passed by the Scheduled Tribes Caste Scrutiny Committee, Dhule thereby
invalidating the tribe claim of the petitioner for "Tokre Koli" Scheduled
Tribe.
3. Mr. M.V. Thorat learned advocate appearing for the
petitioner would submit that the petitioner belongs to ''Tokre Koli''
Scheduled Tribe. The competent authority certified aforesaid fact by
issuing caste certificate. The petitioner was aspiring for medical
admission and appeared for NEET-UG of the year 2023. Therefore, his
proposal for caste validity was forwarded to the Scrutiny Committee. The
petitioner supported his caste claim by documentary evidence. The
school admission entry of Sudam Goma Koli, the cousin great
grandfather of the petitioner dated 10th August 1944 records his caste as
Koli Tokre at the time of his school admission. Mr. Thorat would
therefore urge that it being a pre-constitutional document, it possesses
higher probative value. He would further submit that 'Tokre Koli' or 'Dhor
Koli' are included in the Schedule of Tribes under Presidential Order.
However, during pre-constitutional era, persons belonging to Scheduled
Tribes were reluctant to enter prefix of sub-caste like 'Tokre' or 'Dhor'.
Instead, they entered their caste as "Koli" which is a larger group, having
better social status. He would, therefore, urge that entry as "Koli" in
respect of blood relations of the petitioner cannot be termed as adverse
or contra entry, while appreciating the caste status of the petitioner. He,
therefore, submits that the Committee wrongly invalidated the tribe
claim of the petitioner giving reason of contra entries in respect of blood
relations. Mr. Thorat would submit that procuring pre-constitutional
evidence in respect of tribes is difficult on account of social conditions
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prevalent during pre-constitutional era.
4. Mr. N.S. Tekale, learned AGP appearing for the respondents
would submit that school admission entries in respect of many blood
relations of the petitioner have noted to be "Koli" or "Hindu Koli" even up
to recent past. None of the blood relations of the petitioner is granted
caste validity. He would point out that entry of 1938 in respect of
Mahipat Suka Koli i.e. cousin great grandfather of the petitioner depicts
caste as "Koli". School admission entry in respect of grandfather of the
petitioner recorded in the year 1959 depicts his caste as "Hindu Koli".
Same is the case in respect of cousin grandfather of the petitioner. He
would point out that first time in the year 1994, the entry of caste in
respect of uncle of the petitioner, namely, Dnyaneshwar Ganpat Shirsath
has been recorded as "Tokre Koli" and all evidences prior to 1994, depicts
the entry of caste as "Hindu Koli" in respect of blood relations of the
petitioner. He would point out that the Committee, on consideration of
the school entry register of 1944 in respect of Sudam Goma Koli, noted
that the original entry "Koli" has been subsequently corrected to "Koli
Tokre". The difference in ink is certified by the Head Master. He would,
therefore, submit that the Committee has rightly invalidated caste claim
of the petitioner.
5. We have considered the submissions advanced on behalf of
the petitioner as well as respondent State. We have perused the original
file pertaining to the petitioner's caste claim. The thrust of the
contention on behalf of the petitioner is that, he should have been
granted validity based on the pre-constitutional evidence in the nature of
school admission entry of Sudam Goma Koli dated 10.8.1944, wherein,
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the caste is recorded as "Koli Tokre". We have perused the original
record. The Head Master of the School, while supplying the information
regarding aforesaid entry has specifically remarked that there is addition
of word "Tokre" after "Koli" in the school register. Similar opinion is
expressed by the Vigilance Officer in his report. During the course of
hearing, a photo copy of the school admission register regarding Sudam
Goma Koli is brought to our notice. Although, some deflection can be
noted in the first entry, by naked eyes, we could not draw a definite
conclusion as regards the manipulation. However, we do not find any
reason to discard the remark of the Head Master of the School, who is
the custodian of said register and gave remark on perusal of the original
register. The Committee has also relied upon the remark of the Head
Master and also recorded its own observations regarding addition of the
word "Tokre" in the school register.
6. In that view of the matter, we proceed to consider further
material available in the original file. Pertinently, we could note that the
real brother of Sudam Goma Koli i.e. Kashinath Goma Koli was admitted
in school on 1.12.1938. However, in admission register his caste entry
appears as "Koli". Another cousin grandfather - Mahipat Suma Koli was
admitted in school in the year 1938, which records his caste as "Koli".
Many other entries from 1945 onwards, in school record of the
petitioner's blood relations including the real aunt recorded in the year
1981, refers caste as "Hindu Koli". Had any of blood relations of the
petitioner belongs to "Tokre Koli or Koli Tokre Scheduled Tribe", at least
some entries in pre-constitutional era would have been recorded caste as
"Tokre Koli". Except bare entry in the name of Sudam Goma Koli in the
year 1944, no other entry is relied upon by the petitioner to support his
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claim.
7. We are not oblivious of the difficulties in procuring the pre-
constitutional record in respect of tribes for the reason that there are very
few families, where, school admissions or entry in revenue record was
made. However, in the case of the petitioner, right from 1938, there are
school admissions specifying caste as "Koli Hindu Maratha" or "Hindu
Koli". In Maharashtra 'Koli' is recognized as "Other Backward Class".
Therefore, taking overall review of the matter, it is difficult to believe that
the petitioner belongs to "Tokre Koli Scheduled Tribe". The Committee
appears to have taken probable view of the matter. After considering the
entire material pressed into service on behalf of the petitioner, alongwith
fact that the petitioner could not find favour in the affinity test, we do
not find fault in order passed by committee.
8. For aforementioned reasons, we do not find any case to
interfere in the decision of the Committee in exercise of our jurisdiction
under Article 226 of the Constitution of India. Resultantly, the petition
fails and stands dismissed.
Rule is discharged. No costs.
[S.G. CHAPALGAONKAR, J] [ SMT. VIBHA KANKANWADI, J]
grt/-
