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Bombay High Court

PRATYUSH S/O RAVINDRA SAWANTversusTHE STATE OF MAHARASHTRA, DEPT. OF TRIBAL DEVELOPMENT AND ANR

Disposal
Dismissed

Holding

The Scrutiny Committee’s order was upheld and the petitioner’s claim was dismissed.

Summary

The petitioner, a student, sought confirmation of his belonging to the Koli Mahadev Scheduled Tribe after having previously obtained a tribe certificate. The Scrutiny Committee, after a re‑examination prompted by a Vigilance Cell inquiry, invalidated his claim on the basis that earlier school records showing his grandfather’s caste had been interpolated. The petitioner argued that pre‑Constitution era documents and older revenue records establishing a Koli caste were decisive, while the respondents contended that the Vigilance findings were reliable and the Committee correctly applied the evidentiary hierarchy. The High Court examined the genealogy, school extracts, and revenue entries, concluding that the Committee’s reliance on the Vigilance report was justified. Consequently, the Court dismissed the writ petition and ordered the record to be returned to the Scrutiny Committee.

Issues considered

  • Whether the Scrutiny Committee’s order invalidating the petitioner’s Scheduled Tribe claim, based on alleged interpolation in caste records, is legally sustainable
  • Whether pre‑Constitution era documents showing Koli caste have greater probative value than later school records
  • Whether the petitioner is entitled to the tribe certificate under the applicable statutory provisions

Subjects

  • Scheduled Tribe
  • tribe certificate
  • Scrutiny Committee
  • Vigilance Cell
  • caste verification
  • Koli Mahadev
  • genealogical evidence
  • interpolation

Judgment

                                                            901-WP-18335-2024.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 18335 OF 2024

Pratyush s/o Ravindra Sawant,
Age : 20 years, Occ. : Student,
R/o At & Post- Dhaval,
Taluka : Phaltan, District : Satara.                  ...Petitioner.
         Versus
1.    The State of Maharashtra,
      Department of Tribal Development,
      Mantralaya, Mumbai- 32.
      Through its Secretary.

2.        The Scheduled Tribe Certiicate
          Scrutiny Committee, Pune Division,
          5th Floor, C-Wing, Kapil Towers,
          Near RTO Oice, Pune.
          Through its Member Secretary.               ...Respondents.
                                    ——————
Mr. Kuldeep U. Nikam with Mr. Rushikesh S. Desai, for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondents-State.
                                 ——————
                                    Coram :     Sharmila U. Deshmukh &
                                                Neeraj P. Dhote, JJ.
                                    Date      : August 27, 2026.
P. C. :

1.        By consent of both the sides, heard inally at the admission stage.

2.        This Writ Petition is directed against the order dated 3 rd October

2024 passed by the Respondent No.2-Scrutiny Committee invalidating

the Tribe Claim of the Petitioner towards 'Koli Mahadev' in File No.

Satara/246/2023.


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3.      The Petitioner is the student. On the earlier occasion, he had iled

Writ Petition No.9272 of 2022 for directions to the Competent

Authority to issue the Tribe Certiicate to the Petitioner as belonging to

'Koli Mahadev' Scheduled Tribe. Pursuant to the order dated 4 th August

2022, the directions were issued to the Competent Authority and

accordingly, the Petitioner received the Tribe Certiicate as belonging to

'Koli Mahadev' Scheduled Tribe.

4.      The Petitioner's claim towards 'Koli Mahadev' was referred to the

Respondent No.2-Committee on the earlier occasion. The Respondent

No.2-Scrutiny Committee by order dated 29 th August 2023 invalidated

the Petitioner's claim towards 'Koli Mahadev' Scheduled Tribe.         The

Petitioner had iled Writ Petition No.12475 of 2023, which came to be

allowed by order dated 8th January 2024 setting aside the order of

invalidation and the Petitioner's claim was remanded back to the

Respondent No.2-Scrutiny Committee for fresh consideration and

decision.

5.      The Respondent No.2-Committee referred the Petitioner's case to

the Vigilance Cell for inquiry. The Vigilance Cell submitted its report.

The copy of the Vigilance Cell Report was given to the Petitioner and

the Petitioner submitted his reply to the same. The Respondent No.2-

Committee, by the impugned order, invalidated the Petitioner's claim

towards the 'Koli Mahadev' Scheduled Tribe.


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6.      It is submitted by learned Advocate for the Petitioner that,

though the documents from the pre-constitution era in respect of his

grandfather and cousin grandfather were submitted before the

Committee showing their caste as 'Koli Mahadev', the Respondent No.2-

Committee invalidated the claim on the basis of the documents

collected by the Vigilance Cell. On the earlier occasion, the Vigilance

Cell did not notice any tampering with the old school records of the

Petitioner's grandfather, however, after the matter was remanded back

to the Committee, the Vigilance Cell found tampering in the column of

‘Caste’ of the Petitioner's grandfather and cousin grandfather.      The

impugned order passed by Respondent No.2-Committee, whereby the

pre-Constitution-era documents pertaining to the Petitioner's blood

relatives have been ignored, is erroneous and unsustainable in law. The

said order, therefore, deserves to be quashed and set aside.

7.      It is submitted by learned AGP appearing for the Respondents

including the Respondent No.2-Committee that, the Petitioner relied on

the entries in the school record of his grandfather and cousin

grandfather, which were found to be interpolated in the Vigilance

enquiry. The earlier entries in respect of the Petitioner's grandfather,

cousin grandfather and blood relatives in the Tahsil records are that of

'Koli' caste. The said entries being the oldest one, have more probative

value. The Respondent No.2-Committee has rightly considered the


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material before it and rightly rejected the Petitioner's Tribe Claim and

no interference was called for in the impugned order.

8.      We have perused the record submitted by the learned AGP

received from the Respondent No.2-Scrutiny Committee. The genealogy

submitted by the Petitioner's father in the prescribed format to the

committee is reproduced below :




9.      There is no dispute in respect of the aforesaid genealogy. In

support of his tribe claim, the petitioner submitted the following

documents:




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10.     The aforesaid chart shows that, the earliest entries from the

school record were that of the grandfather, cousin grandfather and

cousin grandmother.      The impugned order goes to show that, the

Vigilance Cell conducted the inquiry with the said Zilla Parishad School

at Dhaval, Taluka Phaltan, District Satara in respect of the said entries

and it found that, the said entries in respect of the caste were

interpolated and 'Hindu Mahadev Koli' was written. The copies of the

said school extract are there in the record.

11.     A close scrutiny of the said entries in respect of the grandfather,

cousin grandfather and cousin grandmother of the Petitioner goes to

indicate that, in the column ‘Caste’ and ‘Sub-caste’, the irst word

written is ‘Hindu’, and thereafter it is written ‘Mahadev’ and thereafter

it is written ‘Koli’. Considering the said entries, the observation by the

Scrutiny Committee that, the same is interpolated or there is insertion

of the word ‘Mahadev’ cannot be discarded. The said observation by



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Respondent No.2-Scrutiny Committee appears to be based on the

Vigilance Cell Report. The close scrutiny of the said entry from the

record shows that, the observation of the Respondent No. 2-Scrutiny

Committee cannot be said to be baseless. It is true that, on the earlier

occasion the said was not the inding of the Respondent No. 2-Scrutiny

Committee, however, on re-inquiry, the Vigilance Cell found the

aforesaid aspect in the school record of the grandfather, cousin

grandfather and cousin grandmother of the Petitioner.

12.     Even for the sake of argument, the contention of the Petitioner

that, there is no insertion of word ‘Mahadev’ in the school record of

grandfather, cousin grandfather and cousin grandmother in respect of

their caste entries, is accepted, the Vigilance Cell found the entries in

the revenue records of Tahsil Oice Khandala, Taluka Khandala, District

Satara in respect of the birth entries of the grandfather, cousin

grandfather, cousin grandmother and other blood relatives of the

Petitioner. The said entries are much prior to the entries in the school

record of the Petitioner’s grandfather, cousin grandfather and cousin

grandmother. The said school record is of the year 1943, whereas the

entries in the revenue records are of earlier period between 1882 and

1944.        The entries found in the revenue records in respect of the

grandfather, cousin grandfather and other blood relatives of the

Petitioner are reproduced below :


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13.     The impugned order further shows that, the Vigilance Cell found

the entriy in respect of death of the cousin great grandfather of the

Petitioner namely ‘Pandu bin Sakharam Koli’, wherein his caste is

mentioned as ‘Koli’ and the said entry is of 21 st November 1811. The

aforesaid chart, which is based on the revenue records, the copies of

which are kept in the record, goes to show that, the caste of the

Petitioner's blood relatives, i.e. grandfather and cousin grandfather

mentioned in the oldest record is recorded as ‘Koli’. The said revenue

entries, being prior in point of time to the aforesaid entries in the school

records of the Petitioner's grandfather and cousin grandfather, would

undisputedly carry greater probative value.

14.     On the basis of the aforesaid material on record, the Respondent

No. 2-Scrutiny Committee invalidated the Tribe Claim of the Petitioner.

The observations and the decision of the Respondent No. 2-Scrutiny

Committee is based on the documents collected during Vigilance Cell

enquiry and no fault can be found with the same. In the backdrop of the


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                        above discussion, no fault can be found with the impugned order passed

                        by Respondent No.2-Scrutiny Committee invalidating the Petitioner's

                        claim towards the 'Mahadev Koli' Scheduled Tribe. The petition fails and

                        the same is liable to be dismissed. Hence the following order:

                                                              ORDER

                                     (i)    The Writ Petition is dismissed.

                                     (ii)   The record be returned to the respondent no. 2 Scrutiny

                                            Committee.



                         [Neeraj P. Dhote, J.]                           [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.08.27
           20:34:43
           +0530




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