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2005 Supreme(Bom) 482

A.P.DESHPANDE, B.R.GAVAI
GURUDAS, DHQNDBA DADMAL – Appellant
Versus
SCHEDULED TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE – Respondent


Judgment

B. R. GAVAI, J.

( 1 ) RULE. Rule made returnable forthwith and by consent heard finally.

( 2 ) SMT. S. W. Deshpande, learned counsel waives notice on behalf of respondent No. 1. Shri Charpe, learned counsel waives notice on behalf of respondent No. 2 and Shri Deshpande, learned A. G. P. waives notice on behalf of respondent No. 3.

( 3 ) BY way of present petition, the petitioner impugns the termination order dated 24-1-2002 issued by respondent No. 2.

( 4 ) THE petitioner came to be appointed as a Driver vide order dated 5th may, 1990 in a seat reserved for Scheduled Tribe. The petitioner claimed to be belonging to 'mana Tribe' which finds place at Entry No. 18 in Scheduled Caste and Scheduled Tribe Order (Amended Act) 1976. Since the petitioner claimed to be belonging to Scheduled Tribe, the tribal claim of the petitioner came to be referred to respondent No. 1 Committee for verification. Respondent No. 1 scrutiny Committee though found that all the documents pertaining to the petitioner and his ancestors show the Tribe of the petitioner to be 'mana', but since the petitioner failed to prove that he had affinity with 'gond Tribe', rejected the tribal claim of the petitione






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