Bombay High Court
Baburao Shrawan Dhakate vs State Of Mah. And 5 Others on 18 July, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 5379 OF 2004
Baburao Shrawan Dhakate,
aged about 52 years, Occ. Social Service,
R/o. Dighori Mothi, Lakhandur. . ......PETITIONER
...VERSUS...
1. State of Maharashtra,
Through Secretary, Tribal Development
Department, Mantralaya, Mumbai-32.
2. Scheduled Tribes Caste Certificate
Scrutiny Committee, Adivasi Vikas
Bhavan, Giripeth, Nagpur.
3. The Collector,
Bhandara.
4. Sau. Anjira Baliram Kowe,
aged about Major, Occ. Not known,
R/o. Gram Panchayat Member,
Dighori (Mothi), Tah. Lakhandur,
Distt. Bhandara.
5. Shri Madhukar Baliram Ambade,
aged about Major, Occ. Not known,
R/o. Dighori (Mothi), Tah. Lakhandur,
Distt. Bhandara.
6. Shri Vilas Atmaram Sayam,
aged about Major, Occ. Not known,
R/o. Dighori (Mothi), Tah. Lakhandur,
Distt. Bhandara. RESPONDENTS
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None for Petitioner.
Ms. Geeta Tiwari, Asstt.. Govt. Pleader for Respondents 1 to 3
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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 petitioner contested the election against the
seat reserved for Scheduled Tribe category. A caste claim of
the petitioner for Halba - Scheduled Tribe category was
forwarded to the Scrutiny Committee for verification and it
has been invalidated by an order dated 16.10.2004, which is
the subject matter of challenge in this petition.
2] None appears for the petitioner. With the
assistance of the learned Assistant Government Pleader, we
have gone through the order impugned. The petitioner filed
6 documents in support of his claim for Halba - Scheduled
Tribe category. All the documents pertain to the period
subsequent to 1978. The Committee records the finding the
caste of the candidate is clearly recorded as 'Koshti' in the
Primary School Admission Register extract obtained by the
Police Vigilance Cell. The Committee also records the
finding that the petitioner has failed to establish his
relationship with Raju Shankarrao Dhakate and Suresh
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Shankarrao Dhakate, to whom caste certificates and School
Leave Certificates were issued in the year 1995 and 1982
indicating the caste as Halba - Scheduled Tribe. The
Committee also holds that the Police Vigilance Cell obtained
the School Admission Register extract from Headmaster,
Zilla Parishad Primary School, Dighori, in which the caste of
the candidate and his real brother is recorded as 'Koshti'.
The Committee has applied the affinity test and found that
the petitioner has failed to establish that he belongs to Halba
- Scheduled Tribe category. The view taken by the
Committee appears to be a possible view of the matter and
no interference is called for.
3] After going through the petition, we find that the
petitioner is claiming protection in service on the basis of
Government Resolutions dated 15.06.1995, 24.07.1998 and
04.09.2000, apart from the decisions of the Apex Court in
State of Maharashtra vrs. Milind Katware, reported in 2001
(1) Mh.L.J. 1 and in Civil Appeal No. 7008 of 2001 (Sanjay
Madhusudan Punekar vrs. State of Maharashtra and ors).
We have already taken a view in W.P. No. 3379 of 2002 and
other similar connected matter, decided on 17.07.2017, that
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the High Court under Article 226 of the Constitution of India
can neither grant protection in service nor can prevent any of
the consequences flowing from Section 10 of the
Maharashtra Act No. XXIII of 2001.
4] In view of above, the writ petition is dismissed.
The interim order, if any, stands vacated with liberty to the
respondents to proceed against the petitioner in accordance
with law. No order as to costs.
JUDGE JUDGE
Rvjalit
