Ku.Sangita D/O Kashinath Thakur vs The State Of Mah.Thr Its Secretary ...
2017 Latest Caselaw 5155 Bom

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


                   Writ Petition No.3428 of 2008


  Ku. Sangita d/o Kashinath Thakur,
  Aged about 35 years,
  Occupation - Nil,
  R/o C/o Shri Ashok Gite,
  Rajeshwar Nagar,
  Buldhana, 
  Tq. and Distt. Buldhana.                         ... Petitioner


       Versus


  1. The State of Maharashtra,
     through its Secretary,
     Tribal Welfare Department,
     Mantralaya, Mumbai-32.

  2. Committee for Scrutiny and
     Verification of Tribe Claims,
     Amravati Division, Amravati,
     through its Dy. Director (R) 
     and Member-Secretary, 
     having its office at Amravati.

  3. Zilla Parishad, Buldhana,
     through its Chief Executive
     Officer,
     Tq. and Dist. Buldhana.                       ... Respondents




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  None for Petitioner.
  Shri   V.P.   Maldhure,   Assistant   Government   Pleader   for 
  Respondent Nos.1 and 2.


                Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.

th Dated : 27 July, 2017

Oral Judgment (Per R.K. Deshpande, J.) :

1. The claim of the petitioner for 'Thakur', Scheduled Tribe,

was invalidated by the Scheduled Tribe Certificate Scrutiny

Committee, Amravati Division, Amravati, on 28-4-2008, and this

is the subject-matter of challenge in this petition. The petitioner

produced the caste certificate 26-6-1992 showing that she

belongs to 'Thakur', Scheduled Tribe category, and she was

selected for appointment as Clerk in the Zilla Parishad, Buldana.

However, no order of appointment was issued to her.

2. By the impugned order, the Committee has cancelled

and confiscated the caste certificate dated 26-6-1992 issued to

the petitioner. The matter was listed on several occasions before

this Court, but none appeared for the petitioner.

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3. We have gone through the impugned order and we do

not find even a single document produced before the Committee

pertaining to the period prior to 1950 having a probative value

indicating the caste of the blood relatives of the petitioner as

'Thakur', Scheduled Tribe. The claim was sought to be

substantiated by producing the copy of the judgment delivered by

this Court in Writ Petition No.1198 of 1997 on 5-12-2003. The

Committee, however, held that the the petitioner has failed to

establish the relationship with the petitioner in the said writ

petition. It also considered the validity certificate

dated 24-2-2004 issued in the name of one

Balkrishna Waman Pawar, who is said to be related to the

petitioner from maternal side. The Committee rejected the said

document on the ground that the petitioner has failed to

establish the affinity. The findings of fact recorded by the

Committee are based upon the evidence available on record and

we do not find any perversity in recording such findings.

wp3428.08.odt

4. The petition is dismissed. Rule stands discharged.

There shall be no order as to costs.

                             JUDGE.                                   JUDGE.

   Lanjewar