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2008 Supreme(Bom) 987

S.B.DESHMUKH, F.I.REBELLO
Mahesh Pralhadrao Lad – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Shri A.S. Bayas, for the Petitioner
Shri C.K. Shinde, for Respondent No.2.
Shri U.K. Patil, AGP for State.

JUDGMENT (PER F.I. REBELLO, J.)

1. Rule. Heard forthwith.

2. By its order dated 8th April, 2008 the petitioner’s claim as belonging to Rajput Bhamta was rejected by the Scrutiny Committee No.1, Aurangabad based on the following conclusions:-

A) The caste Rajput Bhamta (Vikmukta Jati) claimed by the candidate is declared vide Government Resolution dated 21-11-1961. Therefore, the candidate ought to have produced the pre-21/11/1961 documents. However, the candidate did not produce any school or revenue record of pre-21/11/1961 in spite of sufficient opportunities.

(B) The documents which have been produced by the candidate are of recent period and are of the period after declaration of Rajput Bhamta caste by the government. There is no proper entries about the caste in the school record of father and uncle of the candidate though they are literate.

(C) In spite of proper opportunities given to the candidate, the candidate did not produce any school or revenue record, of the period of prior to the declaration of caste Rajput Bhamta (Vimukta Jati) by government, in which the caste is recorded."

3. The petitioner herein by his application












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