Ku.Pragati D/O Pandurang Bhanuse vs State Of Maharashtra & 2 Others

Citation : 2017 Latest Caselaw 4672 Bom
Judgement Date : 18 July, 2017

Bombay High Court
Ku.Pragati D/O Pandurang Bhanuse vs State Of Maharashtra & 2 Others on 18 July, 2017
Bench: Ravi K. Deshpande
                                                  1              wp3137.02.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR

                          WRIT PETITION NO. 3137 OF 2002

            Ku. Pragati Pandurang Bhanuse,
            aged about 17 years, Occ. Student,
            R/o. Juni Mangalwari, Jagannath Swami
            Chowk, Rampeth, Nagpur         ......                            PETITIONER

                                  ...VERSUS...

 1.         The State of Maharashtra,
            through its Secretary,
            Tribal Development Department
            Mantralaya, Mumbai-400 032.

 2.         Scheduled Tribe Caste Certificate
            Verification Committee, Adiwasi 
            Vikas Bhavan, Giripeth, Nagpur.

 3.      The Head Master, Pandit Bachchharaj
         Vyas High School & Junior College,
         Nagpur.                                                       RESPONDENTS
 -------------------------------------------------------------------------------------------
 None for Petitioner.
 Shri V.P.Maldhure, Asstt. Govt. Pleader for Respondents 1 and 2
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, AND
                                        Mrs. SWAPNA JOSHI, JJ.

th DATE : 18 JULY, 2017 .

ORAL JUDGMENT (Per DESHPANDE, J) 1] The caste claim of the petitioner for Halba - Scheduled Tribe category was rejected by the Scheduled Tribe Caste Certificate Scrutiny Committee, as per the order dated 17.06.2002, which is the subject matter of challenge in ::: Uploaded on - 20/07/2017 ::: Downloaded on - 22/07/2017 00:10:49 ::: 2 wp3137.02.odt this petition.

2] None appears for the petitioner. Heard learned Assistant Government Pleader appearing for respondent Nos. 1 and 2.

3] We have gone through the order passed by the Scrutiny Committee. The Committee has considered 16 documents placed on record by the petitioner. It has also considered the documents obtained by the Police Vigilance Cell, which indicate that the caste of the student's parental grand mother, parental aunt, cousin parental aunt and cousin parental uncle is recorded as 'Koshti'. The document of parental grand mother is of 24.02.1929. The Committee has applied affinity test and coupled with the documents, the finding is recorded that the caste claim for Halba - Scheduled Tribe has not been established. The view taken by the Committee is a possible view of the matter, which does not call for any interference. The writ petition is dismissed. No order as to costs.

                                    JUDGE                      JUDGE
 Rvjalit


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