ONKAR POTANNA RAYATUWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The caste claim of the petitioner as belonging to 'Mannervarlu Scheduled Tribe' is invalidated.

(2.) Mr. Vibhute, the learned counsel for the petitioner submits that the school record of the petitioner's father records the Tribe as Mannervarlu. The same is of the year 1979. His cousin uncle's school record also records the Tribe as Mannervarlu in the year 1979. His another cousin uncle's Tribe is recorded as Mannervarlu in the school record. The learned counsel submits that respondents are relying upon the entries of the maternal relatives of the petitioner. The same is not relevant. The validation proceeding in respect of the Tribe claim of the father of the petitioner is still pending.

(3.) The learned counsel further submits that the paternal cousin of the petitioner namely Bhumanna Narsimlu Rayatuwar is also issued with the validity certifcate of Mannervarlu Scheduled Tribe. The consistent entries of the paternal relatives of the petitioner are ignored. The Committee has relied upon the school record of some persons who are not related to the petitioner and of the maternal relatives. The same is not relevant. The learned counsel further submits that the afnity test is not the litmus test. The learned counsel placed reliance on the judgment of the Apex Court in the case of "Anand Vs. Committee for Scrutiny and Verifcation of Tribe Claims" reported in (2012) 1 SCC 113".