Prafullakumar Dinanath Pathrabe ... vs State Of Mah. Mumbai & 3 Others
2017 Latest Caselaw 4669 Bom

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

                           WRIT PETITION NO. 226 OF 2002

            Prafullakumar Dinanath Pathrabe,
            aged 19 years, Occ.Student,
            R/o. Near City Post Office,
            Kasarpura, Itwari, Nagpur      ......                            PETITIONER

                                 ...VERSUS...

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

 2.         The Chairman, Scheduled Tribes
            Caste Certificate Scrutiny Committee,
            Nagpur Division, Adiwasi Vikas Bhawan,
            Giripeth, Nagpur

 3.         The Principal, Kavi Kulguru Institute of
            Technology & Science, Ramtek,
            Distt. Nagpur

 4.      The Registrar, Nagpur University,
         Nagpur.                                                       RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri N.C.Phadnis, Advocate, for Petitioner.
 Ms. Geeta Tiwari, 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 petitioner claimed admission to Engineering

Course in the respondent No. 3 - Institution at Ramtek in the

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seat reserved for Scheduled Tribe Category. He was granted

admission and has also completed the Engineering course.

By an interim order, this Court had directed the declaration of

the results of the exam of the petitioner.

2] The caste claim of the petitioner for Halba -

Scheduled Tribe category was referred to the Scheduled

Tribe Caste Certificate Scrutiny Committee at Nagpur, which

passed an order on 09.11.2001 thereby invalidating the claim

of the petitioner, which is the subject matter of challenge in

this petition.

3] Shri N.C.Phadnis, the learned counsel for the

petitioner has filed a pursis stating that he is not receiving

any instructions from the petitioner in spite of sending notices

by Registered Post Acknowledgment Due on the address

furnished by the petitioner. He, therefore, reports 'no

instructions in the matter'.

4] The order passed by the Scrutiny Committee

records the finding that in the School Admission Register

extract, the caste of the student's father and real paternal

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aunt is mentioned as 'Koshti (Halbi) and Halba Koshti

respectively on 20.07.1955 and 11.07.1961, that is after

1950. The Committee holds that the documents obtained by

the Police Vigilance Cell of the year 1928, 1941, 1942 and

1948 clearly show the caste of the student's cousin grand

father and real paternal elder uncle is recorded as 'Koshti'.

The documents having probative value negatived the claim of

the petitioner for Halba - Scheduled Tribe category. We find

that the order is based upon the evidence available on record

and we do not find any reason to interfere with the order.

The writ petition is dismissed. We cannot

prevent the consequences of Section 10 of the Maharashtra

Act No. XXIII of 2001 in the light of the judgment delivered by

us in Writ Petition No. 3373 of 2002 and connected matters

on 17.07.2017. No order as to costs.

                                   JUDGE                      JUDGE
 Rvjalit