JAY SOPAN EBITWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Caste claim of the petitioner of Gond Scheduled Tribe is invalidated. Mr. Vibhute, the learned counsel for the petitioner submits that father of the petitioner Sopan Ebitwar is issued with validty certificate of Gond Scheduled Tribe, real uncle of the petitioner Sandeep Pundlik Ebitwar is issued with the validity certificate of Gond Scheduled Tribe, real paternal aunt of the petitioner Sheela Pundlikrao Ebitrao is issued with validity certificate of Gond Scheduled Tribe and cousin uncle of the petitioner Manoj Ebitwar is also issued with validity certificate of Gond Scheduled Tribe.

(2.) The committee has discarded the case of the petitioner only on the ground that prior to 1981, in the school record of the petitioner's sister, caste was recorded as Telang. Learned counsel for the petitioner submits that Telang is not caste but the name of area and for that purpose relied judgment of this Court, in Writ petition No. 10388 of 2017 decided on 5th October, 2017 at the Principal Seat. According the learned counsel, Telang cannot be construed as contra entry. There is no other entry than Gond since 1981 and prior to that Telang.

(3.) Mr. Patil, the learned Addl. G.P. submits that persons whose caste is recorded as Telang have obtained caste certificate of Kalal. This shows that the old record of the petitioner as Telang would only mean that the petitioner belong to Kalal caste and not Gond. Entry of Gond is a recent document i.e. since 1981 and same cannot be considered old entries, whereas the old entries are of Telang only. Father of the petitioner is issued with validity certificate on the basis validity of certificate of the maternal side relative. The petitioner failed in affinity test also.