The State Of Madhya Pradesh vs Dule Singh on 28 September, 2022
6. The Division Bench of this Court in the case of Dule Singh Solanki
(supra) in paragraphs No.7 to 12 has held as under:-
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1 - 3 of 3 (0.23 seconds)Kumari Madhuri Patil vs Addl. Commissioner on 2 September, 1994
8. The law laid down by the Supreme Court in the case
o f Madhuri Patil (supra) would not apply in the present case as it
is applicable only to decide as to whether the caste certificate issued by the
competent authority is genuine or not.
Anand vs Committee For S.&V. Of Tribe Claims &Ors on 8 November, 2011
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 8 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 :-
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