RUSHIKESH BHARAT THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel of both the sides, heard finally at admission stage.

(2.) The petitioner by this petition filed under Article 226 of the Constitution of India prays for quashing and setting aside the impugned order dated 20.10.2020 passed by respondent No.3 / Scheduled Tribe Certificate Scrutiny Committee, Nandurbar (hereinafter referred to as the "committee") whereby the caste claim of the petitioner came to be invalidated.

(3.) The petitioner claims to belong to 'Thakur' Scheduled Tribe. He has received tribe certificate from the competent authority. While prosecuting studies, tribe certificate of the petitioner was referred by the college to respondent No. 3 / committee for validation. The petitioner submitted cogent evidence in the form of the old record of grandfather, real brother of the grandfather and uncle prior to 1950 from the parental side. The vigilance was conducted and the petitioner has submitted his reply in response to the notice issued by the committee. It is contended by the petitioner that the committee has invalidated the tribe claim of the petitioner without considering the old record. The findings recorded by the committee are erroneous. The old record clearly establishes the fact that the caste of the petitioner is recorded as 'Thakur' in respect of his blood relatives from the parental side.