Khushal Harishchandra Hedaoo vs Scheduled Tribe Caste Cer. ...
2017 Latest Caselaw 4673 Bom

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

                          WRIT PETITION NO. 4673 OF 2002


            Khushal Harishchandra Hedau,
            aged 31 years, Elected Corporator from
            Prabhag No. 3-B, R/o. Wanjari Layout,
            Nagpur.                         ......                           PETITIONER

                                 ...VERSUS...

 1.         Scheduled Tribes Caste Certificate
            Scrutiny Committee, Adivasi Vikas
            Bhavan, Giripeth, Nagpur.

 2.         State of Maharashtra,
            Through Tribal Welfare Department, 
            Mantralaya, Mumbai-32.

 3.         State of Maharashtra,
            Through Urban Welfare Department, 
            Mantralaya, Mumbai-32

 4.         State Election Commissioner,
            Administrative Building, Opp. 
            Mantralaya, Mumbai.

 5.         Commissioner, Municipal Corporation,
            Nagpur.

 6.         Nagpur Municipal Corporation,
            through its Secretary.

 7.      The Returning officer for the
         Election to Electoral Division NO. 3-B
         of Nagpur Municipal Corporation                               RESPONDENTS
 -------------------------------------------------------------------------------------------
 None for Petitioner.
 Shri S.M.Ukey, Addl.. Govt. Pleader for Respondents 1 to 4
 -------------------------------------------------------------------------------------------



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                           CORAM: R. K. DESHPANDE, AND
                                     Mrs. SWAPNA JOSHI, JJ.

th DATE : 18 JULY, 2017 .

ORAL JUDGMENT (Per DESHPANDE, J)

1] The challenge in this petition is to the order

dated 18.11.2002 passed by the Scheduled Tribe Certificate

Scrutiny Committee, Nagpur, invalidating the claim of the

petitioner for Halba - Scheduled Tribe category.

2] The Committee has recorded the finding that the

caste of the candidate's uncle and brothers is recorded as

Halba in the Secondary School Leaving Certificate issued on

22.06.76, 31.07.1981 and 07.06.1990, whereas the caste of

the candidate's father is clearly recorded as Koshti on

11.04.1951 in the School Admission Register extract

obtained by the Police Vigilance Cell. Applying the affinity

test, the Committee has taken a possible view that the

petitioner has not established the claim for Halba -

Scheduled Tribe.

3] There is not even a single document of the

period prior to 1950 having probative value filed in support of

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the caste claim for Halba - Scheduled Tribe. All the

documents are of post independent era. It is also not the

ground that the copy of the Police Vigilance Cell report was

not supplied to the petitioner. In the absence of any

challenge to the procedural violation in deciding the claim, we

do not find any reason to interfere in the findings on fact

recorded by the Committee. The writ petition is dismissed.

No order as to costs.

                                   JUDGE                           JUDGE
 Rvjalit