The High Court at Aurangabad dismissed the writ petition filed by Ashwini Prakash Devre, challenging the decision of the Scheduled Tribe Certificate Scrutiny Committee, which refused to validate her 'Koli Mahadev' scheduled tribe certificate. The court held that the Committee's reliance on the affinity test and its conclusions were plausible, despite the petitioner's objections. The court also observed that while pre-constitutional records should not be insisted upon, the recent documents submitted by the petitioner lacked sufficient credibility.

Background

The petitioner contested the Committee's decision, arguing that despite a thorough vigilance inquiry, no evidence contradicted her claim. She submitted documents showing her relatives were identified as 'Koli Mahadev,' but the Committee dismissed these as being of recent origin and insufficient to substantiate her claim.

Legal Arguments

• Petitioner's Stand: The petitioner argued that the Committee's demand for pre-constitutional evidence was arbitrary and inconsistent with established legal precedents.
• Respondent's Stand: The State defended the Committee's decision, emphasizing the insufficiency of recent documents and the necessity of applying the affinity test, given the petitioner's failure to provide convincing evidence.

Court's Analysis

The court noted that while the burden of proof lies on the claimant, the Committee cannot demand a specific type of evidence. The insistence on pre-constitutional records was not legally sustainable. However, the court agreed with the Committee that the recent documents lacked reliability due to their potential bias in light of reservation policies.

Affinity Test and its Relevance

The court highlighted the importance of the affinity test, especially when the documentary evidence is of recent origin. It cited previous judgments that established the test's significance in certain cases, concluding that the Committee's application of the affinity test was appropriate and justified.

Conclusion

The court dismissed the petition, ruling that the Scrutiny Committee's decision was reasonable and not arbitrary. The petitioner’s failure in the affinity test, combined with the lack of credible documentary evidence, justified the refusal to validate the tribe certificate.

Final Judgment

The writ petition was dismissed, and the rule was discharged. The High Court upheld the Scrutiny Committee's decision, reinforcing the validity of the affinity test in tribe certificate verification.