JUDGMENT - Mohta, J. - The petitioner Abhay Shrawanji Parate, resident of Umrer in district Nagpur was given a caste certificate dated 22nd June 1982 by the Executive Magistrate, Umrer, certifying that he belongs to a Scheduled Tribe “Halba” as mentioned in the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. The present petition is directed against the orders of the Director of the Social Welare and Divisional Commissioner invalidating the said certificate.

2. Undisputed position is that the birth certificate of the petitioner dated 2nd June 1964, his Primary School Leaving Certificate, the Secondary School Leaving Certificate and the 12th standard Junior College Leaving Certificate of the year 1982 describe him as Halba. On the basis of the caste certificate issued by the Executive Magistrate, the petitioner was provisionally admitted in the Government Medical College, Nagpur, in the First year M. B. B. S. course. As per the practice, the matter was referred to the Director of Social Welfare Department, Pune (respondent No. 3) for verification of his caste. After making some enquiry, respondent No. 3 came to the conclusion that the petitioner was not Halba and i

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