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    AFFINITY TEST-ADDITIONAL FACTOR:-  




                                                                                                
                                                                        
    28                   The issue of affinity test is also now further elaborated by

(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."

29 The requirement of affinity test in view of above, therefore, cannot be overlooked by any one. But it is also clear that it cannot be the sole criteria to reject and/or to grant certificate in every matter. If the case is made out, even the affinity test, though there are no supporting documents, and or vice-versa may be taken into consideration by the Committee while passing the reasoned order.

(Palghat (Supra), Milind (Supra) and Unnikrishnan (Supra). The Scrutiny Commitee therefore required to consider the whole material available on record, oral as well as documentary, judiciously, fairly and ssm 45 wp7343.13-Thakur-group.sxw with unbiased and unprejudiced mind.

52 The affinity test is very important element. (Anand) (Supra) and Shilpa (Supra) and so also Vigilance Cell Report and/or inquiry (Dayaram Vs. Sudhiram Batham) and (Madhuri Patil) (Supra). But that is not the sole criteria either to grant and/or refuse caste claim/benefits. In a given case, if no documentary evidence is available in any part of the State, the affinity test may be relevant factor. The Scrutiny Committee, if satisfied, based upon the documents placed on record, they can issue the caste certificate and/or validating the caste. In case of doubts and/or dispute, the inquiry, investigation and collection of information is necessary. In such cases, the role of Vigilance Cell Officers and/or Scrutiny Committee is also very important as, if case is made out, the writ court and/or such other court may interfere with the finding of facts, if there is perversity and/or illegality and/or breach of principle of natural justice, there is no total bar.