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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.927 OF 2009

Dashrath s/o. Reshmaji Gaddamwad

Age 30 years, Occu : Student,

r/o. Dapshed, Post Sonkhed,

Tq. Loha, Dist. Nanded

..Petitioner

Versus

1.

State of Maharashtra

Through its Secretary

Tribal Development Department,

Mantralaya, Mumbai – 400 032.

2.

Scheduled Tribe Caste Verification/Scrutiny

Committee, Aurangabad Division,

Aurangabad.

3.

Dy.Collector/

Special Land Acquisition Officer,

(B & C) Nanded, Dist. Nanded.

..Respondents

Mr.S.B.Dastagir, Advocate for petitioner.

Mr.N.B. Patil, A.G.P. for respondent 1 & 3.

Mr. M.S.Deshmukh, Advocate for respondent No. 2/committee.

CORAM :- V.C.DAGA &

A.V.POTDAR,JJ.

DATE :

16TH JULY, 2009

JUDGMENT (PER : VIJAY DAGA,J.)

1.

This petition is directed against the order dated 30^th June,2008 issued by

respondent No.2–Scheduled Tribe Caste Verification/Scrutiny Committee,

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Aurangabad Division, Aurangabad whereunder tribe claim of the petitioner was

rejected.

THE FACTS

2.

In order to appreciate the bone of contention, it would be necessary to

mention few facts relevant to the issues raised:

3.

The petitioner claims to be a person belonging to “Koli Mahadev” Scheduled

Tribe listed at serial number 29 in the list of Scheduled Tribe as applicable to the

State of Maharashtra. The tribe claim of the petitioner was referred to the Scheduled

Caste Verification Scrutiny Committee (“Caste Scrutiny Committee” for short)

constituted for verification of the tribe claim of Scheduled Tribes, who are entitled to

claim benefit of reservation. The petitioner had obtained caste certificate dated 17^th

June, 2002 duly issued by the Deputy Collector certifying that the petitioner belongs

to the Koli Mahadev Scheduled Tribe.

4.

The petitioner claims to have filed 23 documents before the committee for

deciding his tribe claim. One of such oldest documents appearing in the list at Sr.No.

23 is an unregistered document alleged to have been executed by the grandfather of

petitioner one Mr.Nagoji Shivram bearing No.BC 19845 wherein his caste is shown as

Koli Mahadev. The petitioner has also produced caste validity certificate of his close

relatives viz. Mr.Pralhad Hulajirao Sangam, Mr.Mudiraj Manoj Sayali, Mr.Vasant

Ganpat Kotewar, Mr.Karampalle Umakant Mohanrao along with affidavits duly sworn

by Shri Manoj Mudiraj and Shri Kalampalle Umakant wherein both of them have

stated that the petitioner is closely related to them.

5.

The petitioner has brought on record the enquiry report of the Vigilance

Officer conducted on 23^rd August, 2007 who had visited the native place of the

petitioner and verified the school record including that of his family members. He

has also brought on record that, the Vigilance Officer, during the home enquiry, has

enquired from the petitioner and his family members regarding their social status,

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ethnic linkage, anthropological and ethnological traits, deity, rituals, customs etc.

which according to the petitioner were adequately disclosed. The petitioner has also

stated in the petition that the Scrutiny Committee had invited the petitioner for

interview along with his elder member of the family. Accordingly, he, appeared

before the Committee on 24^th June, 2008 and was interviewed. The Scrutiny

Committee, after appreciating the evidence and other material including the material

extracted during the course of personal interview of the petitioner, negatived his

claim by the impugned order for the reasons recorded therein. The relevant part of

which is reproduced hereinbelow :

“The applicant has not produced any school record of his forefather as

belonging to “Koli Mahadeo”, Scheduled Tribe. Therefore, the committee has

come to the conclusion that:

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In the school record of the applicant, applicant’s father and his relative

caste clearly is recorded