DAMODHAR Vs. SECRETARY, INDUSTRIAL, ENERGY

JUDGEMENT

(1.) Delat condoned. Leave granted. The appellant is working in the establishment of the Registrar, Industrial Court, Maharashtra, Mumbai. His, case was referred to the Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur for verification of his tribe claim as Halba Scheduled Tribe community, by a letter dtd. 25/1/2006.

(2.) IN order to verify the claim of the appellant, the Screening/Scrutiny Committee conducted an inquiry through the Police Vigilance Cell, which had also recorded the statement of the appellant's nephew on 7/8/2006 regarding the socio-cultural traits, characteristics and customs, which did not seem to match those of Halba Scheduled Tribe. The copy of the said report being served on the appellant, he disagreed with the same and subsequently, the Scrutiny Committee directed him to appear before it on 18/1/2007.

(3.) Aggrived by the said order the appellant moved the High Court in its writ jurisdiction where apart from challenging the cancellation of the certificate granted to him, the appellant also prayed that he be given the benefits of belonging to the Special Backward Classes on account of his belonging to the Koshti community. The writ petition having been dismissed, the appellant has filed the special leave petition (now appeal) which is now being heard.