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In the High Court of Bombay at Nagpur
THE HONOURABLE MR. JUSTICE A.H. JOSHI & THE HONOURABLE MR. JUSTICE R.K. DESHPANDE
Ku. Vijaya Deorao Nandanwar
Versus
The State of Maharashtra & Others
Writ Petition No.5008 of 2009
Decided on : 25-01-2010
Comparison done by Committee with experts’ treaties and based on expertise of Research Officer has not been challenged by the petitioner on any objective test and positive and sound reasons, such as being perverse or illegal.
It is clear that the petitioner’s claim is spurious, untrue, not proved according to law and hence untenable, and has been rightly rejected by the Scrutiny Committee. In the result, petition has no merit in relation to her claim that she belongs to Halba Scheduled Tribe.
In so far as absorption of the petitioner in the employment is concerned, admittedly, the Certificate subject-matter was issued after the Government decision of 1995 protecting the services of those who may have secured the certificate under a bona fide mistake and got the employment.
Present is a case where petitioner does not show that she is of a tribal origin, and has migrated outside. On petitioner’s own version, it is not a case of confusion or failure to prove tribe claim, rather it is a case that to her own knowledge and to her father’s knowledge she belongs to caste "Koshti" and secured a certificate of being Halba-Scheduled Tribe. Thus, the petitioner has usurped the chances of a genuine tribal candidate, and she is not entitled for protection in the employment. The case laid relied upon by the petitioner does not help her even on this count, petitioner has no case.
1. Rule. Rule is made returnable forthwith by consent.
2. Heard learned Adv. Mr. S.R. Narnaware for the petitioner and learned Adv. Mr. S.M. Puranik for respondent no.2. Perused the documents annexed to the petition and also record of the Scrutiny Committee.
3. Petitioner was appointed by Order dated 29th July, 1989 in the post reserved for Scheduled Tribe.
4. The petitioner claims that she belongs to Scheduled Tribe -_ Halba_ , had applied for Caste Certificate, secured it and furnished the same at the time of appointment.
5. Petitioner_ s tribe claim was referred for verification to the Scrutiny Committee.
PETITIINER'S CASE BEFORE SCRUTINY COMMITTEE:
6. Petitioner submitted the information in the prescribed format and filed affidavit in support. In the said format, petitioner furnished information in vernacular. Translation of the points in prescribed proforma and the information furnished therein is as follows:-
(5) Qualification : IVth Standard. of father.
(6) Traditional occu- : Weaving. pation of family.
(7) Part or category of the Scheduled :Halba. Tribe/Sub-tribe claimed by the applicant.
(b) Dialect : Marathi.
(8)(a) Applicant's mother : Marathi. tongue.
[c] Deity : Dantashree Goddess.
(d) Surnames of five relations in the : (1) Parate, (2)Dhakate community of (3) Kolhe,(4) Kumbhare, applicant. (5) Sonkusare.
(9)(a) Original place,
Post, Tahsil : Mowad, Tq. Narkhed,
and Distt. Of Distt. Nagpur.
Applicant.
(b) Reason for leaving : For employment. the original place.
[c] Name of place (Village/town/ city, Taluka & Distt. where : Khairgaon applicant's father/grandfather Was residing as on 6-9-1950).
(10)(a) Since when the applicant is residing at : Since 1997 being present address employed in Nagar and reason for Parishad. leaving original place.
(b) . . . .
(c) . . . .
(d) . . . .
(11) . . . . .
(12) Document on the basis of which applicant has obtained : School Leaving Certificate. Certificate of Scheduled Tribe from the competent authority.
(13) to (17) . . . . . .
(18) Mention the designation Of appointing authority : Initial appointment address, telephone made by Member- no., if tribe Secretary, Distt. claim is to get Selection Committee scrutinized for [Primary], Zilla employment purpose. Parishad, Wardha.
(19) to (20) . . . . .
[True translation of the details furnished by the petitioner in Form-E submitted by her to the Scrutiny Committee for verification of her tribe claim].
7. The Scrutiny Committee referred the Certificate to the Vigilance Cell. The Vigilance Cell has conducted home enquiry.
8. The Vigilance Cell in its home enquiry recorded statement of petitioner and collected evidence.
9. In her oral statement, petitioner has given personal information in vernacular in
relation to various columns. Translation of questions-points and details furnished by petitioner is as follows:-
(1) Mother tongue : Marathi. of candidate.
(2) Traditional dialect : Marathi.
of candidate's tribe.
(3) Original place of residence : Mowad, Tq. Narkhed,
of candidate's Distt. Nagpur.
family.
(4) . . . .
(5) . . . .
(6)(a) Traditional Gods/Deities of the caste/ : Goddess Danteshwari. tribe.
(b) Place of origi--nation of Gods/ : Not known.
Deities.
(7) Main annual festivals of the : Pola, Diwali.
caste/tribe.
(8) (a) Panchayat in : No
Caste/Tribe.
(b) By what name : No Head is addressed/called.
(9) (a) Type of traditional dance in the Caste/ : No tribe.
(b) Dances to be performed and : No occasions thereof.
(10) Traditional occupation of Caste/ : Weaving. Tribe.
(11) Traditionally-treated low occupation : No of caste/tribe.
(12) Traditional : Marriages are practice of arranged. The families arranging marriages : of bride and groom and performance have to belong to thereof in the different surnames. caste/tribe. Marriage is fixed after exchange of raw and ripe betel leaves. Marriage is performed at the place of bride. Groom gives bath to the bride by seating her on sacred platform.
(13) Traditional r
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