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2021 Supreme(Bom) 807

NITIN JAMDAR, ANIL S.KILOR
Saurabh – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Shri S.N. Narnavare, Advocate, for the Appellant / Ms. Kalyani Deshpande, Agp, Shri Abhijit Deshpande, Advocate, for the Respondent.

JUDGMENT

Anil S. Kilor, J. - Rule made returnable forthwith. The matter is heard finally with the consent of the learned counsel for the parties.

2. The present Petition is an outcome of invalidation of the Tribe claim of the Petitioner as 'Halba', Scheduled Tribe.

3. We have heard the respective learned Counsels for the parties.

4. Brief facts of the present case are as under:

4.1 The Petitioner claims to belong to 'Halba', Scheduled Tribe. The Petitioner's Caste claim was referred to the Respondent-Caste Scrutiny Committee, when he was in 12th standard. Now he is pursuing BDS course on reserved seat for Scheduled Tribe.

4.2. The Scrutiny Committee on receiving the Police Vigilance Cell report, has considered the same along with the documents submitted by the Petitioner and thereupon the Tribe claim of the Petitioner came to be rejected, vide order dated 30 March 2019. The legality and correctness of the same has been questioned in the present Petition.

5. Shri Narnavare, learned Counsel for the Petitioner submits that the Respondent-Committee has failed to consider and appreciate two validity certificates submitted by the Petitioner, of his cousin uncles Shri Ramchandra Narendra Deoghar

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