Bombay High Court
Pramod Rajabhau Dantalwar ... vs The State Of Mah. Mumbai & 3 Others on 25 July, 2017
Bench: Ravi K. Deshpande
wp.956.02
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 956 /2002
* Pramod Rajabhau Dantalwar
Aged about 33 years, Presently working
as Craft Teacher:
Anand Muka-Badhir Vidyalaya,
Anandbhavan, Warora
Tq.Warora, Dist. Chandrapur. ..PETITIONER
VERSUS
1) The State of Maharashtra
Through Secretary
Social Welfare and Tribal Development
Department, Mantralaya, Mumbai.
2) The Deputy Director (R) and Member &
Secretary of Scheduled Tribes Caste
Certificate Scrutiny Committee,
Giripeth, Nagpur.
3) Maharogi Seva Samiti,
Warora, Through its Secretary
4) Head Mistress
Anand Muk-Badhir Vidyalaya
Anandbhavan, Warora Tq.Warora
Dist. Chandrapur.
5) District Social Welfare Officer
Chandrapur.
(amended as per Court's order
dated 22.07.2003) ..RESPONDENTS
.
...................................................................................................................
None for the petitioner
Mr. S.M.Ukey, Addl. Govt.Pleader for respondent s 1 and 2
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CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 25 th
July, 2017
ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)
None appears for the petitioner.
2. The challenge in this petition is to the order dated
10.12.2001 passed by the Scheduled Tribes Caste Certificate Scrutiny
Committee, Nagpur, invalidating the caste claim of the petitioner for
'Halba' Scheduled Tribe community, which is an entry at Sr. No. 19 of
the Constitution (Scheduled Tribes) Order 1950. Only two documents
were placed before the Committee in support of the caste claim - one
was the original caste certificate dated 3.7.1992 issued by the Executive
Magistrate, Nagpur, certifying that the petitioner belongs to 'Halba'
Scheduled Tribe category and another was the Secondary School Leaving
Certificate dated 8.7.1982 in the name of the petitioner in which it is
shown that he belongs to Scheduled Tribe category. Except these, no
other documents were placed on record before the Committee.
3. The caste certificate produced by the petitioner is always
subject to scrutiny and verification and it is therefore of no use for
wp.956.02
establishing the claim. The only document produced was of the
Secondary School Leaving certificate issued in the year 1982. There is
not even a single document produced prior to 1950 having probative
value and this is also not the claim made in the petition. The Committee
has applied the affinity test and the finding is recorded that the caste in
the name in the candidate's real paternal uncle is recorded as
'Padmashali' in the service book extract and Padmashali is not the tribe
which is included in the list of Scheduled Tribes in relation to the State
of Maharashtra.
4. In view of the above, we do not find any reason to interfere
in the findings of fact recorded by the Committee which are based upon
the evidence available on record and there is no perversity. The Writ
Petition is dismissed. Needless to say that the question as to whether the
petitioner was appointed on the post of Assistant Teacher Primary School
from open category is kept open to be agitated in Writ Petition No.
1545/2012 which is pending for adjudication before the learned single
Judge of this Court. No order as to costs.
JUDGE JUDGE
sahare
