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RAJANI DUBEY
Shrawan Kumar Nandanwar, S/o Late Urkurya Nandanwar – Appellant
Versus
State of Chhattisgarh, through Secretary, Government of Chhattisgarh, Scheduled Castes and Scheduled Tribes Development Department – Respondent
ORDER :
1. The challenge in the instant petition is to the order dated 02.08.2010 passed by respondent No.3 whereby it is directed by the Caste Certificate High Level Scrutiny Committee to terminate the services of the petitioner. The challenge is also against the illegal and arbitrary proceedings carried out by respondent No.3 whereby the petitioner was not given any opportunity of hearing and also to present his case on account of not supplying the documents relating to investigation done against him.
2. Brief facts of the case as projected by the petitioner, are that the petitioner genuinely belongs to "Halba" Tribe which is a Scheduled Tribe. It is pertinent to mention here that "Halba"/"Halbi" is a Scheduled Tribe of the State of Madhya Pradesh, Maharashtra and Chhattisgarh. The Halba Tribe, which is an origin of Nagpur plain, is found in the central India, in the States of Maharashtra (Southern), Madhya Pradesh, Chhattisgarh and some parts of Orissa. The petitioner obtained his primary education from Government Medium School, Mehandivada, Balaghat and the progress card of class 5th and 7th issued by the Principal of Government Medium School, Mehandivada, District Balaghat showe
The main legal point established in the judgment is the protection of the petitioner's service despite the cancellation of her caste certificate, along with the limitation on claiming benefits as a S....
The burden of proof lies with the claimant to establish caste status, which was not met, leading to the rejection of the claim.
Caste claims must be evaluated with pre-constitutional documents holding greater evidential value, and reliance on affinity tests, which do not definitively establish caste ties, is insufficient for ....
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
The court established that claims to belong to reserved categories must be substantiated with credible evidence, and fraudulent claims undermine the constitutional provisions for social justice, lead....
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