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2013 Supreme(Bom) 1656

ANOOP V.MOHTA, Z.A.HAQ
Vaishali Chatarsing Ingale – Appellant
Versus
Committee for Scrutiny and Verification of Tribe Claims – Respondent


Advocates Appeared:
For the Applicant: C.S. Kaptan, Senior Counsel with A.P. Kalmegh, Counsel.
For the Respondent: R1, S.M. Puranik, R3, A.B. Patil, Counsels, R2, A.D. Sonak, Assistant Government Pleader.

JUDGMENT

Z.A. Haq, J.

The petitioner has challenged the decision of the respondent no.1 – The Scrutiny Committee dated 21.03.2005 by which the caste certificate of the petitioner for “Thakur”, which is recognized as Scheduled Tribe in the State of Maharashtra is invalidated.

2. The case of the petitioner is that the respondent no.1 - The Scrutiny Committee has committed patent illegality in rejecting the caste claim of the petitioner and invalidating her caste claim as the caste certificate of the father of the petitioner showing her father as “Thakur” Scheduled Tribe is validated and there cannot be a situation that the father is recognized as “Thakur” Scheduled Tribe but, the petitioner is not being recognized as “Thakur” Scheduled Tribe. The petitioner has challenged the decision of the respondent no.1 - The Scrutiny Committee on several grounds. However, this writ petition can be decided on the short ground that the claim of the petitioner as “Thakur” Scheduled Tribe could not have been rejected by the respondent no.1 – The Scrutiny Committee in view of the fact that the caste certificate of the father of the petitioner as “Thakur” Scheduled Tribe has been validated.

3. Shri Kap












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