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2025 Supreme(Bom) 1485

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M. S. JAWALKAR, RAJ D. WAKODE
Sunil s/o Ruprao Raikwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. N. C. Phadnis, Adv.
For the Respondent: Mrs. S.S.Jachak, Addl.GP, Ms. Disha Kamwani h/f Mr. M.Anilkumar, Adv.

JUDGMENT :

(Per – Smt. M.S.Jawalkar, J.)

Heard.

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

3. The petitioner by this petition impugns order dated 15/09/2021, passed by the respondent No.2-Scheduled Tribe Caste Certificate Scrutiny Committee, invalidating the caste claim of the petitioner belonging to Halba Scheduled Tribe, listed as Entry No.19 in the Constitution (Scheduled Tribes) Order, 1950.

4. The petitioner was initially appointed by an order dated 07/04/1997 as Security Guard at the establishment of the respondent No.3, was confirmed for the same post on 13/05/1998, and has served for 24 continuous years.

5. It is further submitted by the petitioner that the caste claim of the petitioner was forwarded by the respondent No.3 employer, wherein the petitioner submitted various pre-constitutional documents since 1895 establishing that he is belonging to Halba/ Halbi Scheduled Tribe. The respondent No.2-Committee relied on three unrelated Koshti entries from the Police Vigilance Cell report and, despite the petitioner’s affidavit denying their relevance and clarifying his Halba status from the maternal side, invalida

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