Ku.Pragati D/O Pandurang Bhanuse vs State Of Maharashtra & 2 Others
2017 Latest Caselaw 4672 Bom

                                                  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

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