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2018 Supreme(Bom) 2960

R.K.DESHPANDE, VINAY JOSHI
Vishal – Appellant
Versus
Vice Chairman/member Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli – Respondent


Advocates Appeared:
Ms. P.D. Rane, Advocate, for the Appellant; Shri N. R. Patil, Assistant Government Pleader, for the Respondent No. 1; Shri S. K. Chaware, Advocate, for the Respondent No. 2; Shri N. S. Khubalkar, Advocate, for the Respondent No. 4

JUDGMENT

R.K. Deshpande, J. - Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

2. The challenge in this petition is to the order dated 21.08.2018 passed by the respondent No.1 - Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli invalidating the claim of the petitioner for "Mana" Scheduled Tribe which is an entry at Sr. No. 18 in the Constitutional (Scheduled Tribes) Order, 1950. The invalidation is only on the basis of the affinity test.

3. Before the Committee, the petitioner produced sixteen documents in support of his claim for "Mana" Scheduled Tribe. All the documents indicate the caste of the petitioner, his forefather and blood relatives as "Mana". Two validity certificates one dated 23.11.2010 issued in the name of Rameshwar Kisan Nannaware - father of the petitioner and another dated 04.08.2016 issued in the name of Dewachand Tulshiram Nannaware -the real uncle of the petitioner were also produced. The oldest documents produced on record and obtained by the Police Vigilance Cell is of 192023 which is P1 registered in the name of Dago Wald Diwana - great great grandfather. The another document is of 195

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