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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.9630 OF 2013

Purushottam Sitaram Koli,

Age: 45 years, Occ: Service,

R/o. Plot No. 6, Vivekanand Nagar,

Jalgaon, Dist. Jalgaon. ...PETITIONER

VERSUS

1.

The State of Maharashtra,

Through its Secretary

Tribal Development

Mantralaya, Mumbai.

2.

The Scheduled Tribe Certificate

Scrutiny Committee, Nandurbar

Region, Nandurbar,

District Nandurbar.

3.

The Additional Director,

General Administration Department,

Extended Astrila Batteries,

Building No.1, Ground Floor,

Dharavi Road, Matunga,

Mumbai 400 019.

4.

The Superintendent Engineer,

Maharashtra State Electricity

Distribution Company Limited,

Vidyut Bhawan, Old MIDC Area,

Ajanta Road, Jalgaon.

5.

The Collector,

Jalgaon.

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6.

The Tahsildar,

Jalgaon. ...RESPONDENTS

...

Mr. Anandsing S. Bayas, Advocate for petitioner.

Mr. D.B. Bhange, A.G.P. for respondent/State.

Mr. K.D. Bade Patil, Advocate for respondent No.2.

Mr. A.R. Salve, Advocate for respondent No. 4.

...

CORAM: S.S. SHINDE, &

V.K. JADHAV, JJ.

RESERVED ON : 11/03/2014

PRONOUNCED ON: 25/03/2014

JUDGMENT : [ PER : S.S. SHINDE, J.]

.

Leave to add Sub Divisional Officer, Jalgaon as party

respondent. Amendment to be carried out forthwith. Issue notice

to added respondent. Learned A.G.P. waives service of notice for

him.

2.

Rule. Rule made returnable forthwith. By consent

heard finally.

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3.

This petition takes exception to the impugned decision

dated 25/06/2013 passed by the respondent No.2 Scrutiny

Committee thereby invalidating tribe claim of the petitioner only on

the ground that, original record on the basis of which tribe

certificate was issued is not available in Tahsil.

4.

The petitioner claims that, he belongs to Tokare Koli,

scheduled tribe. The Executive Magistrate, Jalgaon issued tribe

certificate to the petitioner belonging to Tokare Koli, scheduled

tribe on 02/04/1981. On 09/07/1993 the petitioner was

appointed on the post of Clerk reserved for scheduled tribe

category. It is the case of the petitioner that, at the time of

appointment of the petitioner, he submitted documents of his

qualification and tribe certificate to the appointing authority. It is

further case of the petitioner that, his tribe claim was referred to

the Scrutiny Committee for verification by respondent No. 4,

behind back of the petitioner. The petitioner was not aware about

forwarding tribe claim for verification to the Scrutiny Committee by

respondent No. 4. On 19/12/2001 father of the petitioner

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appeared before the Committee. The Committee did not serve copy

of vigilance inquiry report to the petitioner. Since the year 2001

there was no communication by the Scrutiny Committee about

validity of tribe claim of the petitioner. The documents placed on

record clearly shows that, the petitioner belongs to Tokre Koli,

scheduled tribe. It is further case of the petitioner that, vigilance

officer neither conducted home inquiry nor recorded trade,

tradition and customs of the family of the petitioner. It is further

case of the petitioner that, from perusal of the order of the Scrutiny

Committee, vigilance officer sought information about issuance of

tribe certificate from Tahsil office. However, the concerned

Tahsildar informed that, entry of issuance of tribe certificate does