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2010 Supreme(SC) 478

SWATANTER KUMAR, B.S.CHAUHAN
VIJAKUMAR – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


ORDER

1. We have heard the learned counsel for the parties. This appeal by special leave is directed against the judgment and order dated 30-7-2001 in Writ Petition No. 5199 of 1999 passed by the High Court of Judicature of the Bombay Bench at Aurangabad, whereby the High Court has dismissed the writ petition and confirmed the order dated 25-5-1998 passed by the Caste Scrutiny Committee wherein the appellant's claim as belonging to “Munnerwarlu" Scheduled Tribe was invalidated.

2. The appellant who claims that he belongs to the caste of "Munnerwarlu" had completed his Engineering course as a Scheduled Tribe candidate. He had obtained caste certificate declaring that he belongs to the Scheduled Tribe of "Munnerwarlu" and had taken advantage of the same. The certificate obtained was sent for validation before the Scrutiny Committee.

3. The Scrutiny Committee invalidated the certificate after recording a finding that the appellant did not belong to the specified caste in the Schedule but was belonging to the caste of Munur.

4. It will be useful for us to refer to the findings recorded by the Scrutiny Committee which read as under:

"The Scrutiny Committee has perused all the documents furn












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