Arjun Namdeo Kashikar vs State Of Maharashtra & 4 Ors
2017 Latest Caselaw 4597 Bom

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

WRIT PETITION NO. 2866/2002

Arjun s/o Namdeo Kashikar Aged about 49 years, occu: Service R/o Jagnath Road, Near wholesale Cloth Market,Gandhibag, Nagpur. ..PETITIONER

v e r s u s

1) State of Maharashtra Through its Secretary Social Welfare Department Mantralaya, Mumbai-32.

2) The Scheduled Tribe Caste Certificate Scrutiny Committee,Through its member-Secretary Adiwasi Vikas Bhawan Giripeth, Nagpur.

3)        The Collector, Nagpur. 

4)        The Collector, Gadchiroli
          District : Gadchiroli.

5)        The Commissioner, 
          Nagpur Division, Nagpur, Dist. Nagpur.                                               ..RESPONDENTS

...........................................................................................................................

None for the petitioner Mr. V.P. Maldhure, Assistant Government Pleader for Respondent nos. 1 , 3 to 5 ............................................................................................................................

                                                     CORAM:    R.K.DESHPANDE &
                                                                    MRS . SWAPNA JOSHI, JJ
                                                                                          . 
                                                     DATED :       17th July, 2017





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ORAL JUDGMENT: (PER R.K.DESHPANDE, J.)

The challenge in the petition is to the order dated

18.10.1999 passed by the respondent no.2-Committee. The Collector,

Nagpur referred the case of the petitioner to the respondent no.2-

Committee for scrutiny and verification of claim for 'Halba' Scheduled

Tribe category. The Committee has recorded the finding that inspite of

reminders the petitioners failed to remain present for hearing on

30.6.1998, 29.9.1999 and 11.10.1999. The Committee records the

finding that in the Police Vigilance Cell report it is stated that the caste of

the candidate's cousin brother is clearly mentioned as 'Koshti' in the

Admission register extract, issued by the Headmaster, Daji Primary

School, Nagpur.

2. Except stating in the petition that the petitioner did not

receive any communication to appear before the Scrutiny Committee,

there is no challenge to the finding recorded that the caste of the

petitioner's blood relatives is shown as 'Koshti'. The finding of fact

recorded by the Scrutiny Committee is based on the evidence available

on record. There is no document indicating the caste of the petitioner

as 'Halba' Scheduled Tribe pertaining to the period prior to 1950 having

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probative value. We do not find any reason to interfere in the finding of

fact recorded by the Scrutiny Committee. The Writ Petition is dismissed.

                        JUDGE                      JUDGE

sahare