SHREEHARSH Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) 2. Feeling aggrieved by the order passed by respondent No.2 / The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar (hereinafter referred to as the "committee") thereby invalidating caste claim of the petitioner as belonging to "Thakur Scheduled Tribe", the petitioner has approached this Court by invoking writ jurisdiction under Article 226 of the Constitution of India.

(3.) The petitioner is a permanent resident of Chalisgaon, District Jalgaon. He is taking education in the college. While studying in the college, tribe certificate of the petitioner as "Thakur Scheduled Tribe" was referred to the committee / respondent No.2 for verification through college authorities along with documentary evidence since the year 1912. The enquiry was conducted by the committee. The vigilance report was submitted to the committee. The vigilance cell report dated 20.09.2020 came to be served upon the petitioner with a show cause notice dated 20.10.2020 to submit the reply. Accordingly, the petitioner has submitted the reply on 26.10.2020. According to the petitioner, while conducting vigilance enquiry, the vigilance officer has collected documentary evidence since the pre-independence era in respect of close blood relatives of the petitioner, which shows his caste as "Thakur". No contra evidence was found. It is contended by the petitioner that the committee has invalidated his tribe claim vide 3 impugned order dated 28.10.2020 without considering documentary evidence in his favour. The petitioner is exploring possibility to take admission in the professional course from Scheduled Tribe category. The caste validity certificate is very much necessary at the time of admission. He has appeared for NEET (UG) - 2020 examination as well as MHT-CET-2020.