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2023 Supreme(Bom) 1836

A. S. CHANDURKAR, V. V. JOSHI
Deoram Vithoba Nandanwar – Appellant
Versus
Scheduled Tribes Caste Certificate Scrutin Committee – Respondent


Advocates appeared:
R.S.Parsodkar, Advocate, A.S.Fulzele, Advocate, S.M.Puranik, Advocate

JUDGMENT/ORDER

VRUSHALI V.JOSHI, J. - Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

3. The order dtd. 17/8/2021 issued by the Scheduled Tribe Caste Scrutiny Committee, Nagpur invalidating the caste certificate of the petitioners of 'Halba' Scheduled Tribe. The petitioners are recorded as 'Halba' (Koshti) in the Primary School leaving certificate dtd. 6/5/1974 subsequently, the correction in the caste as 'Halba' (Koshti) to 'Halba' is made by the prevailing Rules of School Code and allowed by Education Officer, Zilla Parishad, Bhandara vide letter dtd. 12/11/1981. The School Leaving Certificate also mentions the caste of the petitioners,as 'Halba'. The petitioners brother Madhukar is also issued caste certificate of 'Halba' Scheduled Tribe on 24/4/1989. The grandfather of the petitioner Pundlik Pandurang is recorded as 'Halba' Scheduled Tribe on 17/3/1917 in School admission register of Chinteshwar Marathi Primary School, which is N.M.C School. The entry in the Dakhal Kharij Register of grandfather of the petitioners Pundlik Pandurang, entry No.4434 recording his caste as 'Halba' Scheduled Tribe.

4. The father

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