governing verification of caste
status, particularly the requirement of conducting an affinity test. It
is well settled that determination of caste status cannot be based ... contrary view. The deliberate
suppression of the favourable findings of the affinity test renders
the impugned order wholly arbitrary and unsustainable
Assistant submitted its report on
28.01.2019 on the basis of the affinity test i.e. after verifying the knowledge of the
petitioner about deities ... affinity test
cannot be applied as a litmus test. We may again note here that
question of conduct of the affinity test arises only
blood relative, it is not necessary to apply the
affinity test. In short, his submission is that the affinity
test is not a litmus test ... reasons recorded in the
decision to suggest that the affinity test in every case
is mandatory. The learned counsel pressed into
service a decision
Independence documents
having high probative value, nor has it considered the affinity test
conducted by the Investigation Assistant, who has categorically
affirmed that the petitioner
show that since the
appellant failed to prove by way of affinity test that he was
belonging to the Chattri Scheduled Tribe, therefore, the
caste
acquires valuable right by
reason of the said registration.
14. The test of comparison of the marks side by side
is not a sound ... test. The
resemblance between the two marks must be
considered with reference to the ear as well as the
eye. There is a close affinity
Sameera Paikara vs Amit Ajit Jogi Amit Aishwarya Jogi And ... on 30 January, 2019
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