Rupesh Namdeorao Ghodpage vs State Of Maha. Thr Secy, Tribal ...
2017 Latest Caselaw 5379 Bom

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                                                          wp6257.06.odt

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

                   Writ Petition No.6257 of 2006

  Rupesh s/o Namdeorao Ghodpage,
  Aged about 27 years,
  Occupation - Private Service,
  R/o Gurukunj Nagar,
  Manewada, Nagpur.                                ... Petitioner


       Versus


  1. State of Maharashtra,
     through Secretary,
     Tribal Development,
     Mantralaya,
     Mumbai-32.

  2. Deputy Secretary (R) &
     Member Secretary,
     Scheduled Tribe Caste
     Certificate Scrutiny Committee,
     Adivasi Vikas Bhawan,
     Giripeth, Nagpur.

  3. The Vice Chancellor,
     Nagpur University,
     Nagpur.                                       ...  Respondents


  None for Petitioner.
  Shri   V.P.   Maldhure,   Assistant   Government   Pleader   for 
  Respondent Nos.1 and 2.




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                Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.

st Dated : 1 August, 2017

Oral Judgment (Per R.K. Deshpande, J.) :

1. None appears for the petitioner. We have heard

Shri V.P. Maldhure, the learned Assistant Government Pleader

appearing for the respondent Nos.1 and 2.

2. The challenge in this petition is to the order

dated 17-1-2005 passed by the Scheduled Tribe Caste Certificate

Scrutiny Committee, Nagpur, invalidating the caste claim of the

petitioner for 'Halba', Scheduled Tribe category and cancelling

and confiscating the caste certificate dated 27-3-1989 issued by

the Executive Magistrate, Nagpur, showing that the petitioner

belongs to 'Halba', Scheduled Tribe. The petitioner was selected

for appointment to the post of Lecturer in Physics in

Laxminarayan Institute of Technology, run by the Nagpur

University. However, the petitioner was not issued the order of

appointment, for the reason that his claim was forwarded to the

Scrutiny Committee for verification and that his appointment was

wp6257.06.odt

against the post reserved for Scheduled Tribe category. Hence,

this petition.

3. We have gone through the order passed by the Scrutiny

Committee. We do not find even a single document pertaining to

the period prior to 1950 having a probative value indicating the

caste of the petitioner as 'Halba', Scheduled Tribe. The

Committee has applied the affinity test and considered all the

documents produced for the period subsequent to 1950. A

possible view has been taken by the Committee that the

petitioner has failed to establish his claim for 'Halba', Scheduled

Tribe category. We do not find any perversity in recording such

findings.

4. In the result, the petition is dismissed. Rule stands

discharged. No order as to costs.

                               JUDGE.                        JUDGE.

   Lanjewar