Subhash Ramrao Illarkar vs Divisional Social Welfare ...
2017 Latest Caselaw 4691 Bom

                                                1             wp5999.04.odt

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

                          WRIT PETITION NO. 5999 OF 2004

            Shri Subhash Ramrao Illarkar,
            aged about 32 years, Occ. Sarpanch,
            r/o. At Gomedhar, PO Uti, Tah. Mehkar,
            Distt. Buldhana                                    .  ......PETITIONER

                                 ...VERSUS...

         Divisional Social Welfare Officer/
         Scrutiny Committee, Social Welfare
         Department, Amravati.                                         RESPONDENTS
 -------------------------------------------------------------------------------------------
 None for Petitioner.
 Ms. Geeta Tiwari, Asstt.. Govt. Pleader for Respondent
 Ms.   S.N.Thakur,   Advocate   h/f   Shri   A.S.Jaiswal,   Senior   Advocate   for
 intervenor
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, AND
                                        Mrs. SWAPNA JOSHI, JJ.

th DATE : 18 JULY, 2017 .

ORAL JUDGMENT (Per DESHPANDE, J)

1] The claim of the petitioner for 'Khatik -

Scheduled Tribe' was invalidated by the Scrutiny Committee

by its order dated 18.10.2004, which is the subject matter of

challenge in this petition. It seems that the petitioner had

contested the election against the seat reserved for

Scheduled Tribe candidate, claiming that he belongs to

'Khatik - Scheduled Tribe'.

                                                  2             wp5999.04.odt

           2]              None   appears   for   the   petitioner.     With   the

assistance of the learned Assistant Government Pleader

appearing for the respondent, we have gone through the

order passed by the Scrutiny Committee. A copy of Police

Vigilance Cell Report was supplied to the petitioner. The

Scrutiny Committee finds that the certificate of caste and

date of birth in respect of petitioner - Subhash Ramrao

Illarkar, given by the Headmaster of the School shows his

caste as 'Kalal'. In the extract of 'Hakka Nondani Register' in

the name of the father of the petitioner, the caste is shown as

'Kalal'. The only document produced on record is the caste

certificate. In the School Leaving Certificate of the petitioner

- Subhash Ramrao Illarkar, the caste is shown as 'Kalal'.

Taking into consideration these documents, the Scrutiny

Committee holds that the petitioner has failed to establish his

claim for 'Khatik - Scheduled Tribe' category.

3] The finding of facts is based upon the evidence

available on record. No interference is called for. The writ

petition is dismissed. No order as to costs.

                                   JUDGE                        JUDGE
 Rvjalit