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2010 Supreme(Bom) 38

J.H.BHATIA, F.I.REBELLO
Kum. Shweta Kesarinath Shivdikar – Appellant
Versus
State of Maharashtra through its Secretary, Tribal Development Department – Respondent


Advocates Appeared:
For the Petitioner:R.K. Mendadkar, Advocate.
For the Respondents: Niranjan Pandit, AGP.

Judgment :-

J.H. BHATIA, J.

1. The petitioner claims to be a member of Mahadeo Koli, which is a Scheduled Tribe, and accordingly, she obtained the Tribe Certificate which was referred to the Scheduled Tribe Certificate Scrutiny Committee. The Scrutiny Committee, by the impugned order dated 22.2.2007, rejected her clam. By this petition, she seeks to set aside the said order and direction to issue validation certificate to her. It may be noted that earlier this petition was dismissed by this Court by the order dated 14.8.2007. That order was challenged by the petitioner in the Supreme Court in Civil Appeal No. 6146 of 2008. The Hon’ble Supreme Court remanded the matter back to this Court to hear the parties, particularly in view of the two conflicting entries in the Birth Certificate and the school record of her grandfather.

2. Heard the learned Counsel for the parties. Perused the record. On perusal of the record, we find that in the school record, her uncles Suryakant and Chandrakant, aunts Shashikala and Hemlata and her father Kesarinath were shown to be Hindus. The .School record does not show that they belong to Mahadeo Koli Tribe. Krishnabai Shrawan Shivdikar, aunt of her fathe













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