Ku.Jyoti Rama Nandanwar vs The State Of Mah.Thr.Secty. And 3 ...
2017 Latest Caselaw 3779 Bom

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

                   Writ Petition No.2796 of 2002


  Ku. Joyti d/o Rama Nandanwar,
  Aged about 17 years,
  Occupation - Student,
  through guardian father 
  R.L. Nandanwar,
  R/o Umarkhed, Distt. Yavatmal.                   ... Petitioner

       Versus

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

  2. The Director (R),
     Scheduled Tribe Caste Scrutiny
     Committee,
     Adiwasi Vikas Bhavan,
     Giripeth, Nagpur.

  3. The Commissioner and President,
     Scheduled Tribe Caste Verification
     Scrutiny Committee,
     Irwin Chowk,
     Near Employment Exchange Office,
     Morshi Road, Amravati.

  4. The Principal,
     District Education & Training Institute,
     Yavatmal, Distt. Yavatmal.               ... Respondents




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  None for Petitioner.
  Ms Geeta Tiwari, Assistant Government Pleader for Respondent 
  Nos.1 and 2.


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

th Dated : 29 June, 2017

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

1. This petition challenges the order dated 10-6-2002

passed by the Committee for Scrutiny and Verification of Tribe

Claims, Amravati, invalidating the caste certificate

dated 5-9-2000 produced by the petitioner showing her caste as

'Halbi' (Scheduled Tribe).

2. The petitioner was admitted to D.Ed. Course of two

years during the sessions 2002-2003 and 2003-2004. By virtue

of the interim order passed by this Court, she completed the said

Course, and this Court directed declaration of the result of her

examination.

3. With the assistance of the learned AGP, we have gone

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through the impugned order, and we need to consider the

documents at serial Nos.2 and 8 in the order. The document at

serial No.2 is the abstract of birth register of Municipal Council,

Umarkhed, showing the birth of a male child to one Limbaji on

28-1-1952, and the caste recorded is shown as 'Halbi'. The

document at serial No.8 is the abstract of Kotwal Book of Village

Umarkhed, showing the birth of a male child to Jayram alias

Parasram on 25-10-1915, and the caste recorded is shown as

'Halbi'. We have seen both these documents. The document at

serial No.2 shows the name of Limbaji only, whereas the

document at serial No.8 shows the name of Jayram alias

Parasram. Both these documents do not indicate the surname

'Nandanwar' to resemble to the surname of the petitioner. In the

absence of there being any relationship established, we do not

find any fault with the view taken by the Scrutiny Committee

invalidating the caste certificate.

4. In the absence of any finding recording fraud or

misrepresentation in obtaining the benefits, the petitioner would

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be entitled to retain the certificate of D.Ed. Course, which she has

already undertaken.

5. With the aforesaid observations, the petition is

dismissed. Rule stands discharged. No order as to costs.

                             JUDGE.                                   JUDGE.

   Lanjewar