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2019 Supreme(Bom) 1271

R.K.DESHPANDE, VINAY JOSHI
Suraj S/o Rajesh Sandekar – Appellant
Versus
Joint Commissioner & Vice-Chairman – Respondent


Advocates Appeared:
For the Appellant :Shri S.R. Narnaware, Advocate.
For the Respondent:Shri S.P. Deshpande, Additional Government Pleader, Shri Nahush Khubalkar, Advocate, Ms Arti Singh, Advocate.

JUDGMENT :

R.K. Deshpande, J.

1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

2. The claim of the petitioner for 'Mana Scheduled Tribe', which is an entry in the cluster of tribes at Serial No.18 of the Constitution (Scheduled Tribes) Order, 1950 has been invalidated by the respondent No.1Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur by its order dated 2-7-2019, which is the subject-matter of challenge in this petition. The Committee has recorded the finding that in the school admission register, there is an entry of 'Mana', made in the name of Madhukar Sampat Sandekar, the grandfather of the petitioner, on 10-3-1950. On the basis of the police vigilance cell report, the finding is recorded that there is tampering in respect of the name and caste in the entry. The name 'Fagu' is scored out and 'Madhukar' is written and entry 'Kunbi' is scored out and 'Mana' is written. The Committee holds that the petitioner has not produced any document showing the caste 'Mana' in relation to any of his blood relatives prior to 1950 and, therefore, the claim of the petitioner has been rejected. It is also the finding recor

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