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2017 Supreme(Bom) 456

ANOOP V.MOHTA, RAVINDRA V.GHUGE
Ashwini Vilas Chavan – Appellant
Versus
State of Maharashtra Through its Secretary, Tribal Development Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ramchandra Kanu Mendadkar
For the Respondent: Mr. N.C. Walimbe

JUDGMENT :

ANOOP V. MOHTA, J.

1. Rule returnable forthwith. Heard finally by consent.

2. The Petitioner's claim that she belongs to Thakar Scheduled Tribes is rejected by judgment dated 21st October, 2015, by Respondent No. 2-Caste Scrutiny (The Committee), therefore, this Petition.

3. Petitioner's father has been granted certificate of validity dated 18th May, 2005, by the Committee. This is a part of the records, the proceedings. However, the same was overlooked. On the contrary, there are observations against the Petitioner referring to various other relatives' certificates to hold that her other relatives have not been granted such caste certificates. It was also rejected for failure to support the cultural affinity test.

4. Normally, we could have gone into the reasons given by the Scrutiny Committee in detail, but in the present facts and circumstances, as the Petitioner's father's certificate of validity remained intact till this date and as there is no case of fraud and misrepresentation pointed out or made out from the record and/or documents placed on record, we see there is no reason to discard the father's certificate, which goes to the root so far as the Petitioner's caste
























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