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Bombay High Court

UDAYSING RAMESH SWAMIversusSTATE OF MAHARASHTRA THROUGH ITS SECRETARY, SOCIAL JUSTICE DEPT. AND ORS.

Disposal
Dismissed

Holding

The petition is dismissed as the petitioner failed to prove his belonging to the Beda Jangam Scheduled Caste, and the Committee’s order stands.

Summary

The petitioner, Udaysing Ramesh Swami, claimed belonging to the Beda Jangam Scheduled Caste and sought validation of his 2010 caste certificate. The Divisional Caste Certificate Scrutiny Committee rejected his claim after examining older documents, including pre‑constitutional records showing his ancestors as Jangam, Lingayat or Hindu Lingayat, and a vigilance report that did not support his claim. The petitioner argued that Lingayat is a sect, not a caste, and relied on earlier validity certificates issued to his father and cousin. The Court held that under Section 8 of the Maharashtra Caste Certificate Act, 2000, the petitioner bore the burden of disproving the adverse entries, which he failed to do. Consequently, the Court affirmed the Committee’s findings and dismissed the writ petition.

Issues considered

  • Whether the petitioner has discharged the burden under Section 8 of the Maharashtra Caste Certificate Act, 2000 to prove he belongs to the Beda Jangam Scheduled Caste.
  • Whether the order of the Divisional Caste Certificate Scrutiny Committee dated 07‑11‑2015 is liable to be set aside.

Legislation cited

  • Maharashtra Scheduled Castes, Scheduled Tribes, De‑notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backwards Classes and Special Backwards Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 — s. 8

Subjects

  • caste certificate
  • Scheduled Caste
  • Section 8 burden of proof
  • validity certificate
  • vigilance report
  • pre‑constitutional documents
  • Beda Jangam

Judgment

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

                                     WRIT PETITION NO.4221 OF 2016

                      Udaysing Ramesh Swami,
                      Aged-36 years,
                      Residing at 299, Danamma Ayya Swami Math,
                      Main Road, Panhala, Tal. Panhala,
                      Dist. Kolhapur                                     ...PETITIONER
         Digitally
         signed by
         SHAILAJA           VERSUS
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:
         2026.09.29   1.    The State of Maharashtra,
         19:00:00
         +0530              Through its Secretary, Social Justice
                            Department, Mantralaya, Mumbai-32

                      2.    Divisional Caste Certificate
                            Scrutiny Committee No.2, Kolhapur,
                            Through its Member Secretary, Having its
                            Office at Dr. Babasaheb Ambedkar Samajik Nyay Bhavan,
                            2nd Floor, Vichare Mal, Kolhapur, Dist. Kolhapur

                      3.    Sub-Divisional Officer (Revenue),
                            Karveer Sub-Division, Karveer,
                            Dist. Kolhapur

                      4.    Executive Engineer, Irrigation,
                            Ratnagiri Irrigation Division,
                            Ratnagiri, Dist. Ratnagiri                   ...RESPONDENTS
                                                          …..
                      Mr. Drupad Patil i/b Mr. Rugwed Kinkar, Advocate for the Petitioner.
                      Mr. Atul Vanarase, AGP for the Respondents/State.
                                                          …..
                                               CORAM : RAJESH S. PATIL &
                                                            ABHAY J. MANTRI, JJ.
                                      RESERVED ON             :   09th SEPTEMBER, 2026
                                 PRONOUNCED ON                :   29th SEPTEMBER, 2026.



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JUDGMENT :[Per ABHAY J. MANTRI, J.]:

1.           Rule. Rule is made returnable forthwith and heard finally

with the consent of the learned Advocates for the parties.

2.           The Petitioner challenges the judgment and order dated

07-11-2015 passed by Respondent No. 2- Divisional Caste Certificate

Scrutiny Committee No.2, Kolhapur [for short ‘the Committee’],

thereby invalidating the claim of the Petitioner that he belongs to

‘Beda Jangam’, a Scheduled Caste. The Petitioner also seeks a

declaration that the caste certificate dated 01-01-2010, issued by

Respondent No. 3 in his favour, is valid, legal, and subsisting.

             FACTUAL ASPECT :-

3.           The Petitioner claims that he belongs to ‘ Beda Jangam’, a

Scheduled Caste. Accordingly, Respondent No. 3-Sub Divisional

Officer (Revenue) [for short ‘the SDO’] had issued a caste certificate

in his favour on 01-01-2010. Based on the caste certificate, he was

appointed as Assistant Engineer Grade-II in the office of Respondent

No. 4, Irrigation Department. He submitted his caste certificate, along

with the documents, to Respondent No. 4, his employer, who

forwarded them to Respondent No. 2, the Committee, for verification.




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4.          The Committee had issued a validity certificate in favour

of his father on 02-12-2009. He also possessed the documents

demonstrating that he belongs to ‘Beda Jangam’, a Scheduled Caste.

5.          Since the committee was dissatisfied with the documents

submitted by the Petitioner, it had forwarded the same to the Vigilance

Cell for a detailed enquiry. Accordingly, the Vigilance Cell conducted

the enquiry and submitted its report to the Committee on 30-10-2012,

observing that some adverse entries were found against the Petitioner

during the enquiry, i.e., in the school record his father’s caste was

mentioned as ‘Hindu Lingayat’. The Committee, vide show cause

notice dated 25.06.2015, called upon the Petitioner to submit his

explanation to the said adverse entries. In response, he had submitted

an explanation before the Committee.

6.          In the explanation to the notice, he contended that,

inadvertently, due to lack of knowledge while recording the caste of

his father in the school record, the same was recorded as ‘Hindu

Lingayat’, which is not a caste but a sect and therefore, no entry

regarding the caste of the father of the Petitioner had been recorded in

the school leaving certificate. Therefore, said document cannot be

taken into consideration. He further explained that his ancestor’s


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occupation was performing the duties of a priest, funeral rites and

death ceremonies. Therefore, he urged that it be granted validity.

7.          Regarding the document of the year 1885, he submitted

that the occupation of his Great-Great-Grandfather was mentioned as

‘begging alms’ and, therefore, the document supports the Petitioner's

claim. However, he failed to explain the adverse entries in documents

at Sr. No. 10 and 11, i.e., the affidavit dated 20-03-1885 of his Great-

Great-Grandfather, wherein he affirmed his caste as ‘Jangam’.

8.          Pursuant to the notice, the Petitioner appeared before the

Committee for hearing. After affording the Petitioner an opportunity

of hearing and considering the Vigilance Cell’s report and documents

on record, Respondent No. 2-Committee, vide impugned judgment

and order dated 07-11-2015, rejected the Petitioner's claim that he

belongs to ‘Beda Jangam’, a Scheduled Caste. Hence, this Petition.

9.          Respondent No. 2-Committee has filed a reply and denied

the contents of the Petition in toto. It is contended that the Committee

observed that the Petitioner relied on one revenue document of the

year 1885 issued by the Archaeological Department, Kolhapur, which

pertains to the Petitioner's great-great-grandfather. He himself

recorded a statement on oath dated 20-03-1885, in which he stated his

caste as ‘Jangam’. Therefore, the observations in Anand v. Committee


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for Scrutiny and Verification of Tribe Claims and others, reported

in (2012) 1 SCC 113, are not helpful to the Petitioner. Lastly, it is

contended that the Petitioner failed to discharge the burden as per

Section 8 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-

notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backwards

Classes and Special Backwards Category (Regulation of Issuance and

Verification of) Caste Certificate Act, 2000 [for short ‘ the Act’] and

therefore, the Committee has rightly passed the order, and no

interference is required in it and hence urge to dismiss the petition.

10.          In response to the reply, the Petitioner has filed an

Affidavit-in-Rejoinder wherein he averred that during pendency of

this petition the Committee issued a validity certificate in favour of his

cousin brother Dhanraj Swami vide order dated 08.03.2017. He

annexed the same with the Rejoinder. Therefore, it is propounded that,

in view of the issuance of the validity certificate in favour of his father

and cousin brother and in view of the law laid down in Apoorva D/o.

Vinay Nichale Vs Divisional Caste Certificate Scrutiny Committee

No.1 and others reported in 2010 (6) Mh.L.J. 401, the Petitioner is

entitled to get the caste certificate. In support of his contention, he

relied on the judgment in K. Shankariah versus The District Collector


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and others in Writ Petition No.19883 of 1994 dated 11-07-2015 and,

hence, urged that the Petition be allowed.

             SUBMISSIONS :

11.          Learned Advocate           for    the   Petitioner    vehemently

contended that all three Vigilance Cell reports supported the claim of

the   Petitioner.   Their   traditional       occupation   was      Bhikshuki/

Vibhutidhari, to perform funeral rites and rituals and death ceremonies

in the houses of Shudras-Girijanas, etc. Therefore, the Committee

earlier issued a caste validity certificate in favour of the Petitioner's

father and cousin brother. After conducting the due enquiry, the said

certificates were issued, and therefore, there is no necessity to conduct

further enquiry while granting validity. Based on the said caste

validity certificates and in view of the dictum laid down in Apoorva

(supra), the Petitioner is also entitled to a caste validity certificate, as

the Committee did not observe that those certificates were obtained by

playing a fraud upon the Committee/Authority.

12.          He further canvassed that Lingayat is a sect and not a

caste. Caste is always recognised from occupation, and the occupation

of the ancestors of the Petitioner was/is Bhikshuki, as supported by the

affidavit of the villagers. Likewise, the word ‘Beda’ means ‘Begging

for Alms’. The Vigilance Cell Authority, in its report, observed that the


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Petitioner's grandfather was a beggar and, therefore, the Petitioner

proved that he belongs to ‘Beda Jangam’, a Scheduled Caste.

13.          He drew our attention to the first page of the service book

of Petitioner’s father dated 12-12-1983 wherein his caste was recorded

as ‘Beda Jangam’. Lastly, he submitted that the Committee ignored

two caste validity certificates issued in favour of Petitioner’s father

and his cousin brother, as well as the first page of Petitioner’s father's

service book, and erred in rejecting the Petitioner's validity claim. He

argued that pre-constitutional documents of 1885 of his great-great-

grandfather denote his caste as ‘Lingayat’, and his father’s school

leaving certificate denotes his caste as ‘Hindu Lingayat’. He

contended that Lingayat is not a caste; therefore, the Committee's

findings are contrary to the documents produced on record.

14.          Lastly, he propounded that the Committee did not

consider the mandate laid down by the Hon’ble Apex Court in Anand

(Supra) and drew our attention to para 22 of the said judgment. In

Yogesh Madhav Makalwad Vs State of Maharashtra, and Others

reported in 2025 SCC OnLine SC 1679, he pointed out para-Nos. 8

and 9 of the said judgment. He argued that the affinity test is relevant

and germane to determining the claimants' social status. Accordingly,

as per the dictum laid down in Apoorva (supra), the Petitioner is also


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entitled to a validity certificate. Therefore, the impugned judgment and

order is liable to be quashed and set aside, and he urges that the Petition be

allowed.

15.          While countering the above submissions, the learned

AGP has strenuously argued that the pre-Independence document of

1885 pertains to the great-great-grandfather of the Petitioner, which

denotes that he belongs to ‘Lingayat’ caste, and Petitioner’s father’s

school leaving certificate indicates that his caste was ‘Hindu

Lingayat’. Said document is of the year 1967. Both documents are the

oldest ones. The document of 1885 has more probative value than the

subsequent documents. Therefore, based on these documents, the

Committee rightly rejected the Petitioner's claim that he belongs to

‘Beda Jangam’, a Scheduled Caste.

16.          He further contended that the Vigilance Cell report

categorically indicates that his ancestors were performing Priestly

duties, which were performed by the people from the ‘Jangam’ caste.

Therefore, they were called as ‘Swami’. The people from the

‘Jangam’ caste used to perform priestly duties and beg alms, and in

the name of the Petitioner and his family members, their surnames are

shown as ‘Swami’. Accordingly, the Vigilance report does not support

the Petitioner's claim. Therefore, he submitted that passing of the

order by the Committee is just, legal and proper and no interference is
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required. To buttress his submission, the learned AGP has relied upon

the judgment of this Court in Mahesh Mahadev Turbathmath Vs

State of Maharashtra and others in WP/2627/2026 dated 07-09-

2026.

17.            We appreciated the rival contentions of the learned

Advocates for the parties. We perused the record and the impugned

judgment and order, as well as the judgments relied upon by the

learned Advocate for the Petitioner and the learned AGP. We have

perused the Committee's original record and returned it.

               POINTS FOR CONSIDERATION:

18.            Thus, the short question that falls for consideration is

‘whether the Petitioner proves that he belongs to a ‘Beda Jangam’

Scheduled Caste?’ And ‘whether the order passed by the Committee

requires any interference?’.

                ANALYSIS :

19.            While determining the controversy whether the Petitioner

belongs to ‘Beda Jangam’, a Scheduled Caste or else, it would be

appropriate to reproduce the documents produced by the Petitioner

before the Committee as under:

v-dz- iqjkO;kapk ri’khy                                  ueqn tkr mesnokjk’kh ukrs
1       mifoHkkxh; vf/kdkjh djohj foHkkx dksYgkiwj ;kauh csMktaxe   Lor%
        fn-01-01-2010 jksth ,e,th-,lvkj-353@09 ;k
        dzekadus Lokeh mn;flag jes’k ;kaP;k ukos fuxZfer
        dsysyk tkrhpk nk[kyk-
                                                                            9 of 21
                                      (10)                           wp4221.16.odt




2    eq[;k/;kid] iUgkGk fon;keafnj iUgkGk ;kauh fn-13- csMktaxe      Lor%
     06-1997 jksth Lokeh mn;flag jes’k ;kaP;k ukos
     fuxZfer dsysyk 'kkGk lksMY;kpk nk[kyk- ;ke/;s
     jftLVj ua-5340] tUe fn-21-03-1980] 'kkGk izos’k
     fn-12-06-1989 o tUe LFkG iUgkGk vls ueqn vkgs-
3    izkpk;Z] foosdkuan T;q-dkWyst dksYgkiwj ;kauh fn-06- csMktaxe   HkkÅ
     06-1995 jksth Lokeh ijkx jes’k ;kaps ukos fuxZfer
     dsysyk 'kkGk lksMY;kpk nk[kyk- ;ke/;s jft ua-
     8224] tUe fn-24-03-1978] 'kkGk izos’k fn-28-06-
     1993 o tUe LFkG iq.kk vls uewn vkgs-
4    eq[;k/;kid] iUgkGk fon;keafnj iUgkGk ;sFkhy jes’k fganq         oMhy
     ckcqjko Lokeh ;kaP;k ukokph ukasn vlysyk tujy fyaxk;r
     jft-mrkjk ;ke/;s jft- ua-1967 o tUe fn-25-06-
     1953] 'kkGk izos’k fn-13-06-1967 o tUe LFkG-
     lkax#G rk- djohj ueqn vkgs-
5    foHkkxh; ou vf/kdkjh] dksYgkiwj ;kauh fn-29-04-1986 csMktaxe    oMhy
     jksth lka{kkadhr dsysyh jes’k ckcqjko Lokeh ;kaP;k
     lsokiqLrdkP;k ifgY;k ikukph izr] ;ke/;s tkr fganq
     csMktaxe] tUe fn-25-06-1953 uewn vkgs-
6    Tkkr izek.kirz iMrkG.kh lferh dz-2 dksYgkiwj ;kauh csMktaxe     oMhy
     fn-02-12-2009 jksth dzekad 16633 ;k dzekadkus jes’k
     ckcwjko Lokeh ;kaps ukaos fuxZfer dsysys tkr oS/krk
     izek.kirz-
7    Rkgflynkj iUgkGk] ;kauh fn-13-06-2008 jksth ekS- &              vktksck
     djatQs.k rk-iUgkGk ;sFkhy fuxZfer dsysyk lu
     2006&07 e/khy 7@12 mrkjk ;ke/;s Jh- egknso
     ogh@ ckcw clfyaxk taxe ;kaP;k ukokph uksan vkgs-
8    Rkgflynkj iUgkGk        ;kauh fn-02-07-2008 jksth &             i.ktksck
     fuxZfer dsysys gDd uksan.khps irzd ;ke/;s tfeuhpk
     [kkrsnkj fdaok buke tfeuhpk /kkj.k dj.kkj lOgsZ ua-
     33 ns-b- ;k buke tfeuhoj clfyaxk dykik
     taxe ;kaP;k ukokph uksan vkgs-
9    rgflynkj iUgkGk ;kauh fn-05-07-2008 jksth &                     vktksck          o
     fuxZfer dsysY;k eglwyh iqjkO;ke/;s nsoLFkku Jh                  i.ktksck
     egknso ;klkBh clfyaxk dykik taxe ;kaps ezwR;wuarj
     ljG okjl eqyxk ckcw clfyaxk taxe ;kaP;k ukokph
     iqtk] vpkZ o uSosn; lkBh uksan dsysyh vkgs-
10   vfHkys[kkf/kdkjh iqjkfHkys[k] dk;kZy; dksYgkiwj ;kauh fyaxk;r   [kkij i.ktksck
     fn-11-12-2007 jksth jes’k ckcwjko Lokeh ;kaPks ukos
     fuxZfer dsysys ekS-djatQs.k rk-iUgkGk ;sFkhy
     eksMfyihrhy eglwyh nLr,sot- ;ke/;s Jh-
     egknsokps ukos mRiUu vlY;kdkekoj dykik fcu
     vkik taxe ;kapk fn-20 ekpZ 1885 jksth uksanfoysY;k
     tckcke/;s uko dykik ckikps vkik mQZ lnkf’ko
     taxe tkr fyaxk;r /kank fHk{kk ekx.kspk vlw ueqn
     vkgs- rlsp R;ke/;s R;kaph oa’kkoGgh nk[kfoysyh
     vkgs- lnjps nLr,sot gs eksMhfyihrhy vlwu
     R;kaps ,Q-,e- gwlsu ;kauh nsoukxjhe/;s fyI;karj
     dsysys vkgs-

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11     ojhy iqjkO;ke/;s fn-20 ekPkZ 1885 jksth dykik taxe         [kkij i.ktksck
       vkik taxe ;kaps iq<hyizek.ks izfrKkirz vkgs-
       ek>s uko dykik ckikps uko vkik vMuko ekghr
       ukgh tkr taxe] mej o"kZ 40 dk- fHk{kk ekx.ks]
       jkg.kkj iukyk] fygwu nsrks dh] ekS- djatQs.k
       cksjxko ;sFkhy egknso nsoLFkkuckcr ekfgrh fyghyh
       vkgs-



20.           Similarly, it would be appropriate to reproduce the

genealogy tree given by the Petitioner.


                                   Oak’kkoG
                cl;k taxe ([kk-[kk-[kk-[kk- i.ktksck) eqG iq#"k

vkikcko taxe (pq-[kk-[kk-[kk- i.ktksck) flofyaxk taxe ([kk-[kk-[kk-i.ktksck)

                                             vkik mQZ lnkf’ko flofyaxxk taxe
                                                         ([kk-[kk-i.ktksck)

                                               dYykIik vkik mQZ lnkf’ko taxe
                                                        ([kk-i.ktksck)

                                               clfyaxk dYykIik taxe (i.ktksck)

                                                     ckcw clfyaxk taxe (vktksck)

panz’ks[kj ckcwjko Lokeh (pqyrs)                      jes’k ckcwjko Lokeh (oMhy)

                         ijkx jes’k Lokeh (HkkÅ)     mn;flax jes’k Lokeh (Lor%)

       bZ’ojh ijkx Lokeh       vf[kys’k ijkx Lokeh         vksoh mn;flag Lokeh
              (iqr.kh)                (iqr.;k)                    (eqyxh)

izkph panz’ks[kj Lokeh         Lusgy pkanz’ks[kj Lokeh   /kujkt panz’ks[kj Loeh
(pq- cgh.k)                          (pq- cgh.k)                (pq- HkkÅ)


21.           At the outset, it is evident that the Petitioner, to

substantiate his claim, has submitted eleven documents. Out of them,

two documents of the year 1885 pertaining to the great-great-
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grandfather are pre-constitutional. The first 1885 revenue document

was issued by the Archaeological Department, Kolhapur, and pertains

to the Petitioner's great-great-grandfather. In it, the Petitioner’s great-

great-grandfather, Kallappa, filed an Affidavit. In the affidavit, he

affirmed on oath on 20-03-1885 that his caste is ‘Jangam’. The second

1885 document indicates that his great-great-grandfather Kallappa’s

surname is mentioned as ‘Jangam’ and his caste as ‘Lingayat’. The

Petitioner himself produced the said documents. These documents are

the oldest and pre-constitutional and therefore have more probative

value than the subsequent documents. The third-oldest document at

Sr. No. 4 is the school leaving certificate of his father, Ramesh, which

indicates that on 13-06-1967 he took admission in Panhala Vidya

Mandir, Panhala, wherein his caste was recorded as ‘Hindu Lingayat’.

These three documents are the oldest ones. The entries in those

documents do not depict the Petitioner's caste as ‘Beda Jangam’. But

they indicate that his great-great-grandfather and father belonged to

‘Jangam’, ‘Lingayat’ and ‘Hindu Lingayat’, respectively.

22.          It is a settled principle of law that a person gets his/her

caste by birth. It is trite law that pre-constitutional documents have

more probative value than subsequent documents. Accordingly, the

entries concerning the great-great-grandfather as ‘Jangam’, ‘Lingayat’


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and ‘Hindu Lingayat’ were recorded. The Petitioner owes an

explanation, which the Petitioner has failed to furnish. Section 8 of the

Act casts a burden on the Petitioner to prove that the aforesaid entries

are incorrect or that he belongs to ‘Beda Jangam’, a Scheduled Caste.

The Fact remains that the Petitioner has failed to discharge such

burden. On the contrary, he does not dispute the said entries but

admitted that the same are correct. However, to justify his contentions,

he argued only that ‘Lingayat’ is a sect and not a caste. Therefore, it

cannot be said that the Petitioner belongs to the ‘Lingayat’ caste.

However, we do not find merit in his contentions in that regard, as the

Hon’ble Supreme Court, in a catena of judgments, has categorically

held that entries have to be read as they are.

23.          In Maroti Vyankati Gaikwad and Others Vs Deputy Director

& Member-Secretary, the Scheduled Tribe Caste Certificate Scrutiny

Committee, Amravati and others [W. P. No.12/2022 decided on 17-04-2023]

full bench of this court, after considering the various judgments of the

Supreme Court as well as this court, has categorically held that

‘entries in the documents have to be read as they are and the same cannot

be read differently’. It would be appropriate to reproduce para 17.7 of

the said judgment which reads thus:

             17.7. It would thus be clear that any claim by any tribe,
             sub-tribe or parts of such tribe or sub-tribe, whether

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             having any similarity, prefix/suffix, synonymity, with the
             name of the tribe as mentioned in the Presidential (ST)
             Order 1950, of being included in such Scheduled Tribe,
             would not be permissible. No enquiry in respect of such a
             claim is permissible. No enquiry of any nature
             whatsoever is permissible with reference to any material,
             whatever it may be and in whatever form, to interpret or
             construe the entries in the Presidential (ST) Order 1950,
             which have to be read as it is. The Scheduled Tribe
             ‘Mana’ in Entry 18 has to be read as only and only
             ‘Mana’ and not as an umbrella or community and
             therefore, tribes with similar/synonymous names or
             names with a prefix/suffix to ‘Mana’ cannot claim any
             social status of a Scheduled Tribe. Thus, persons
             belonging to tribes or sub-tribes such as ‘Badwaik
             Mana’, ‘Khand Mana’, ‘Kshatriya Mana’, ‘Kshatriya
             Badwaik Mana’, ‘Kunbi Mana’, ‘Maratha Mana’,
             ‘Gond Mana’, ‘Mani’/ ‘Mane’, ‘Mane Ku’, ‘Mana Ku’,
             ‘Ku Mana’, ‘Mana Kunbi’, ‘Patil Mana’, etc cannot be
             held to be included in the Scheduled Tribe ‘Mana’, in
             entry 18 in the Presidential (ST) order 1950 and thus
             cannot claim the Status of a Scheduled Tribe.

24.          Upon bare perusal of the above dictum, it appears that

this court has categorically held that the person belonging to Tribes or

sub-tribes etc. cannot claim the status of a Schedule tribe.

25.          Apart from that, the Vigilance Cell, after conducting the

enquiry, submitted its report to the Committee, wherein the

Committee opined that people belonging to the ‘Jangam’ caste are

from the ‘Lingayat Sect’ and perform duty as priests and, therefore, are

called as ‘Swami’. Undisputedly, the surname of the Petitioner and his

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ancestors is ‘Swami’, which indicates that they belong to the ‘Jangam’

caste and not ‘Beda Jangam’ as claimed. Therefore, in our opinion, the

said Vigilance Cell’s report does not support the Petitioner’s claim.

26.          In Anand’s case (supra), in para 22, the Hon’ble Supreme

Court held that “while dealing with the documentary evidence, greater

reliance may be placed on the pre-independence document because

they furnish a higher degree of probative value to the declaration of

status of a caste as compared to post-independence documents.”

Therefore, in our view, the said law laid down in para 22 does not help

the Petitioner. On the contrary, it supports the committee's decision.

27.          In Yogesh (supra), the Hon’ble Supreme Court, in para 8,

observed that, “insofar as the applicability of the affinity test is

concerned, a cautious approach has to be adopted.” Para 9 deals with

“whether there is interpolation in the document or not”. However, the

facts in the present case differ from those in Yogesh (supra).

Therefore, the dictum laid down therein does not apply to the case at

hand, as there is no question of interpolation. But the Petitioner

himself relies on the document of the year 1885.

28.          In Mahesh (supra), this Court, after considering the

material on record, in para 16 held that “the school entry of the

Petitioner’s father does not show the caste as ‘Beda Jangam’ but


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shows the religion and caste as ‘Hindu Lingayat Beda Jangam.”

Therefore, said document does not support the Petitioner’s claim as

‘Beda Jangam’. In para 17, it was held that “the affidavits of the

villagers cannot form the basis to validate the Petitioner’s claim by

ignoring the documentary evidence, and therefore it was held that the

Petitioner failed to prove that he belongs to ‘Beda Jangam’ and

dismissed the Petition.” In the case at hand, the Petitioner also relies

on the villagers' affidavit. However, in view of the dictum in Mahesh

(supra), it cannot form the basis for validating the Petitioner’s claim

by ignoring the documentary evidence.

29.          Perused the judgment and order passed by the Committee

dated 27-02-2017 whereby a validity certificate was granted in favour

of Dhanraj, cousin brother of the Petitioner. It reveals that the

Committee, though it referred to eleven documents in the table, did

not consider the documents at Sr. No. 3, 4, 10 and 11 in their proper

perspective, wherein the document at Sr. No. 3 was the school leaving

certificate of father Dhanraj, wherein his father's caste was recorded as

‘Lingayat’. The school leaving certificate indicates that his father took

admission in the school on 10-06-1969 and that entry was taken at that

time. The document at Sr. No. 4, the school leaving certificate,

pertains to the petitioner's father and shows that he took admission in


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the school on 13-06-1967, when his caste was recorded as ‘Lingayat’.

Documents at Sr. No. 10 and 11 pertain to the petitioner's great-great-

grandfather. The Archaeological Department, Kolhapur, issued the

first revenue document in 1885. The Petitioner’s great-great-

grandfather, Kallappa, filed an Affidavit. In the affidavit, he affirmed

on oath on 20-03-1885 that his caste is ‘Jangam’. The second 1885

document indicates that his great-great-grandfather Kallappa’s

surname is mentioned as ‘Jangam’ and his caste as ‘Lingayat’. These

two documents at Sr. No. 10 and 11 are pre-constitutional documents

and therefore have greater probative value. The Committee did not

consider those documents in their proper perspective, and it erred in

granting validity. Therefore, in our opinion, the said judgment and

order, and the Committee's issuance of the validity certificate in

favour of Dhanraj, are not helpful to the Petitioner in support of his

claim, as the Committee ignored those crucial documents.

30.         The next question that arises for consideration is whether

the dictum laid down in the decision in Apoorva (supra) applies to the

case at hand or helps the Petitioner to substantiate his claim that he

belongs to ‘Beda Jangam’. The 1885 document does not show that

the Petitioner’s great-great-grandfather belonged to ‘Beda Jangam’;

nor do the school leaving certificates of the Petitioner’s father and


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uncle of 1967 and 1969 show that they belonged to ‘Beda Jangam’,

but their caste was recorded as ‘Lingayat’, ‘Jungam’, and ‘Hindu

Lingayat’; therefore, they do not help him to prove his claim. As

observed above, while granting the validity certificate in favour of the

Petitioner's father and cousin brother, the Committee ignored those old

documents of 1885, 1967, and 1969 or else the Committee

misconstrued those documents; and granted validity in their favour,

though the same were produced on record; therefore, the validities

granted in favour of the Petitioner’s father and cousin brother are

hardly of any assistance to him in view of the law laid down in

Apoorva Nichale's case. Therefore, in our view, the mandate laid

down in Apoorva (Supra) does not apply to the case at hand or help

the Petitioner to substantiate his claim that he belongs to ‘Beda

Jangam’. Therefore, the mandate laid down in Apoorva (Supra) is

hardly of any assistance to the Petitioner. On the contrary, it reveals

that the oldest entries of the year 1885 pertain to the great-great-

grandfather of the Petitioner, as well as the entries in the school

leaving certificate of the Petitioner's father and uncle, found adverse to

the claim of the Petitioner; therefore, in our view, the Petitioner is not

entitled to get the validity based on the validity certificate issued in

favour of his father and cousin brother."


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31.         Perused the impugned judgment and order passed by the

Committee dated 07.11.2015. The Committee, after scrutiny of the

documents on record, has drawn six conclusions. In the conclusion at

Sr. No. 2, it is observed that “in the school leaving certificate of the

father of the Petitioner, his caste was recorded as ‘ Hindu Lingayat’.

Based on the said, it cannot be said that the Petitioner proved that he

belonged to the ‘Beda Jangam’ caste”. In conclusion, at Sr. No. Six, it

is observed that “the school leaving certificates of the petitioner's

father and uncle to which it pertains recorded their caste as

‘Lingayat’.” Therefore, the committee has held that “the oldest entries

do not indicate that the petitioner's ancestors were of the ‘Beda

Jangam’ caste, accordingly, the claim was rejected. The Committee's

findings appear just and proper.

            CONCLUSION :

32.         To sum up, it reveals that documents of 1885 produced by

the Petitioner pertain to his great-great-grandfather, and school

leaving certificates of the Petitioner’s father and uncle of 1967 and

1969 wherein their caste was recorded as ‘Jangam’, ‘Lingayat’ and

‘Hindu Lingayat’ respectively. These are the oldest entries, and he is

not disputing them. Therefore, in view of the law laid down by the

Hon’ble Supreme Court in a plethora of decisions, the oldest entries


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have more probative value than the subsequent documents; likewise,

in view of the dictum laid down by the Full Bench in Maroti (supra),

“the entries have to be read as they are and the same cannot be read

differently”. In such an eventuality, in our opinion, the Petitioner failed

to discharge the burden cast upon him under Section 8 of the Act to

demonstrate that he belongs to ‘Beda Jangam’. The entries of 1885

and 1967 pertain to his great-great-grandfather, and his father,

recorded as ‘Jangam’, ‘Lingayat’ and ‘Hindu Lingayat’, are adverse

to his claim that he belongs to ‘Beda Jangam’. The Petitioner failed to

explain these adverse entries despite being granted sufficient

opportunity.

33.            In such circumstances, in our opinion, the validity

granted in favour of the Petitioner's father and cousin brother is hardly

of any assistance; therefore, the law laid down by this Court in

Apoorva (supra) does not apply to the case at hand. The Petitioner

failed to explain the said adverse oldest entries; therefore, the said

validity certificates are hardly of any assistance to him in support of

his claim. In this background, in our opinion, the Petitioner failed to

prove that he belongs to ‘Beda Jangam’, a Scheduled Caste. Therefore,

in our opinion, the Committee is justified in recording the findings

that the Petitioner failed to establish that he belongs to ‘Beda Jangam’,


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a Scheduled Caste. For all the aforesaid reasons, we are of the opinion

that no case is made out warranting interference in extraordinary

jurisdiction.

34.              Consequently, the Petition, being bereft of merits, stands

dismissed. No order as to costs.

35.              The Rule is discharged.

36.              The Petition is disposed of.




  [ABHAY J. MANTRI, J. ]                        [RAJESH S. PATIL, J.]



VishalK/wp4221.16.odtok




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