LAWS(BOM)-2010-12-28

VARSHA Vs. STATE OF MAHARASHTRA

Decided On December 01, 2010
VARSHA D/O MAHADU WAGH Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule made returnable forthwith with the consent of parties and taken up for final hearing at the admission stage itself.2

(2.) By the present petition filed under Article 226 of the Constitution of India, the petitioner prayed that;

(3.) The petitioner claims to be belonging to Koli Malhar Scheduled Tribe and contends that Respondent No.3-The Sub Divisional Officer, Sillod, Taluka Sillod, District Aurangabad, has issued caste certificate in her favour to that effect, on 31.5.2001 which is produced at Exhibit B (page 32). The petitioner also contends that the said caste certificate was referred to Respondent No.2-The Scheduled Tribe Caste Certificate Verification Committee, for verification, in the year 2005-06. Accordingly, it is the contention of the petitioner that the said committee conducted enquiry through vigilance cell which submitted its report on 25.8.2006. Thereafter, copy of the said report of the vigilance cell was3 served upon the petitioner, by letter dated 22.11.2006, calling upon her to put up her say/explanation to the said report within fifteen days. Moreover, by letter dated 23.11.2006, Respondent No.2-Committee issued another letter to the petitioner asking her to appear for oral interview before the committee on 30.11.2006. Accordingly, oral interview of the petitioner was conducted by the Respondent No.2- committee on 30.11.2006 and thereafter the Committee passed an order on 17.3.2007, and thereby rejected the social status claim of the petitioner. Being aggrieved and dissatisfied by the said order dated 17.3.2007 passed by Respondent No.2-Committee, the petitioner has filed present petition impugning the said order.