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9. This court has carefully gone through the Presidential Order as well as the letter issued by the Scheduled Tribe Research Development Institute, Bhopal and the aforesaid letter dated 26.11.2007 also makes it very clear that persons belong to Mogia are members of Scheduled Tribe as in Presidential Order Mogia is mentioned at Sr. No.16. Heavy reliance has been placed upon some research conducted by the Tribal Development Institute and this Court is of the considered opinion that the research conducted by the Tribal Development Institute will certainly not supersede the Presidential Order 1950. A detailed and exhaustive enquiry took place in the matter and the revenue authorities have arrived at a conclusion that the sole respondent is a member of Mogia Tribe. The affinity test conducted in the matter establishes that the sole respondent Dule Singh Solanki is a member of Mogia Tribe. A similar situation has been dealt with in the case of Anand Vs. Committee for Scrutiny and Verification of Tribes Claims and Ors., (2012) 1 SCC (L&S) 43 and the Apex Court in paragraphs 20 to 26 has held under under :-

"20. The rules further stipulate that the Vigilance Officer shall personally verify and collect all the facts about the social status claimed by the applicant or his parents or guardians, as the case may be. He is also required to examine the parents or the guardians or the applicant for the purpose of verification of their tribe. It is evident that the scope of enquiry by the Vigilance Officer is broad-based and is not confined only to the verification of documents filed by the applicant with the application or the disclosures made therein. Obviously, the enquiry, supposed to be conducted by the Vigilance Officer, would include the affinity test of the applicant to a particular tribe to which he claims to belong. In other words, an enquiry into the kinship and affinity of the applicant to a particular Scheduled Tribe is not alien to the scheme of the Act and the Rules. In fact, it is relevant and germane to the determination of social status of an applicant.

22. It is manifest from the afore-extracted paragraph that the genuineness of a caste claim has to be considered not only on a thorough examination of the documents submitted in support of the claim but also on the affinity test, which would include the anthropological and ethnological traits etc., of the applicant. However, it is neither feasible nor desirable to lay down an absolute rule, which could be applied mechanically to examine a caste claim. Nevertheless, we feel that the following broad parameters could be kept in view while dealing with a caste claim:

(ii) While applying the affinity test, which focuses on the ethnological connections with the scheduled tribe, a cautious approach has to be adopted. A few decades ago, when the tribes were somewhat immune to the cultural development happening around them, the affinity test could serve as a determinative factor. However, with the migrations, modernisation and contact with other communities, these communities tend to develop and adopt new traits which may not essentially match with the traditional characteristics of the tribe. Hence,affinity test may not be regarded as a litmus test for establishing the link of the applicant with a Scheduled Tribe. Nevertheless, the claim by an applicant that he is a part of a scheduled tribe and is entitled to the benefit extended to that tribe, cannot per se be disregarded on the ground that his present traits do not match his tribes' peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies etc. Thus, the affinity test may be used to corroborate the documentary evidence and should not be the sole criteria to reject a claim."