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MILIND RAMESH PHADKE
Santram Saroniya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
MILIND RAMESH PHADKE, J. - The present Petition had been preferred being aggrieved by the order dtd. 18/09/2018 passed by State Level Caste Scrutiny Committee (shall be referred to as 'Committee'), by which instead of scrutinizing the caste certificate afresh, the earlier order dtd. 08/06/2016 passed by it had been confirmed, on the ground that the order passed by the committee was illegal, as the caste of the Petitioner was not in dispute, the caste certificate issued by Mandal Coordinator issued in the year 1990 was not in dispute and the certificate issued by SubDivisional-Officer, Bhander was also not in dispute, the only dispute was with regard to certificate which was issued by the Tehsilder, which had been declared to be forged on the ground that in revenue records the entry of aforesaid certificate does not exists, when during Police investigation Tehsildar had categorically admitted that the certificate was issued under his signatures, thus, since the Petitioner was being victimized due to procedural lapses, the fault of which could not be attributed to the Petitioner, the present Petition was filed.
2. Brief facts of the case necessary for adjudication are that Pe
Caste certificates issued after due procedure possess a presumption of validity, which cannot be disregarded without substantial evidence of fraud or misrepresentation.
Caste Certificates must be presumed valid if issued following due process unless proved fraudulent; 'Sheikh' is deemed a title, not a caste, within Muslim community.
The central legal point established in the judgment is that a person with a case based on falsehood has no right to approach the Court, and knowingly producing fabricated and fraudulent documents to ....
The main legal point established in the judgment is the procedural requirement for issuing a show cause notice when the vigilance report is in favor of the petitioner, as required by Rule 17(11)(i) o....
The central legal point established in the judgment is the requirement for the proper constitution of the High Power Caste Scrutiny Committee in accordance with the law and the directives of the Supr....
The main legal point established in the judgment is the importance of adhering to the prescribed procedure for verification of caste claims, including the need for documentary evidence and home inqui....
Caste Certificate – Invalidation of - Affinity test may not be regarded as a litmus test for establishing link of applicant with a Scheduled – Tribe.
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