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wp2796.02.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.2796 of 2002
Ku. Joyti d/o Rama Nandanwar,
Aged about 17 years,
Occupation - Student,
through guardian father
R.L. Nandanwar,
R/o Umarkhed, Distt. Yavatmal. ... Petitioner
Versus
1. The State of Maharashtra,
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2. The Director (R),
Scheduled Tribe Caste Scrutiny
Committee,
Adiwasi Vikas Bhavan,
Giripeth, Nagpur.
3. The Commissioner and President,
Scheduled Tribe Caste Verification
Scrutiny Committee,
Irwin Chowk,
Near Employment Exchange Office,
Morshi Road, Amravati.
4. The Principal,
District Education & Training Institute,
Yavatmal, Distt. Yavatmal. ... Respondents
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wp2796.02.odt
None for Petitioner.
Ms Geeta Tiwari, Assistant Government Pleader for Respondent
Nos.1 and 2.
Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.
th Dated : 29 June, 2017 Oral Judgment (Per R.K. Deshpande, J.) :
1. This petition challenges the order dated 10-6-2002 passed by the Committee for Scrutiny and Verification of Tribe Claims, Amravati, invalidating the caste certificate dated 5-9-2000 produced by the petitioner showing her caste as 'Halbi' (Scheduled Tribe).
2. The petitioner was admitted to D.Ed. Course of two years during the sessions 2002-2003 and 2003-2004. By virtue of the interim order passed by this Court, she completed the said Course, and this Court directed declaration of the result of her examination.
3. With the assistance of the learned AGP, we have gone ::: Uploaded on - 03/07/2017 ::: Downloaded on - 04/07/2017 00:35:23 ::: 3 wp2796.02.odt through the impugned order, and we need to consider the documents at serial Nos.2 and 8 in the order. The document at serial No.2 is the abstract of birth register of Municipal Council, Umarkhed, showing the birth of a male child to one Limbaji on 28-1-1952, and the caste recorded is shown as 'Halbi'. The document at serial No.8 is the abstract of Kotwal Book of Village Umarkhed, showing the birth of a male child to Jayram alias Parasram on 25-10-1915, and the caste recorded is shown as 'Halbi'. We have seen both these documents. The document at serial No.2 shows the name of Limbaji only, whereas the document at serial No.8 shows the name of Jayram alias Parasram. Both these documents do not indicate the surname 'Nandanwar' to resemble to the surname of the petitioner. In the absence of there being any relationship established, we do not find any fault with the view taken by the Scrutiny Committee invalidating the caste certificate.
4. In the absence of any finding recording fraud or misrepresentation in obtaining the benefits, the petitioner would ::: Uploaded on - 03/07/2017 ::: Downloaded on - 04/07/2017 00:35:23 ::: 4 wp2796.02.odt be entitled to retain the certificate of D.Ed. Course, which she has already undertaken.
5. With the aforesaid observations, the petition is dismissed. Rule stands discharged. No order as to costs.
JUDGE. JUDGE.
Lanjewar
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