CHAITALI PANDIT SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The tribe claim of the petitioner as belonging to "Koli Mahadev", Scheduled Tribe is invalidated.

(2.) Mr. Jadhavar, learned counsel for the petitioner submits that the father of the petitioner namely Pandit is issued with the validity certificate of "Koli Mahadev", Scheduled Tribe. The committee had invalidated the tribe claim of real brother of the petitioner namely Prashant Pandit Shelke. The real brother of the petitioner Prashant filed Writ Petition bearing Writ Petition No.10304/2017 before this Court at it's Principal Seat at Bombay. The Division Bench at Principal Seat allowed the writ petition filed by the real brother of the petitioner Prashant and directed the committee to issue validity certificate to the real brother of the petitioner of "Koli Mahadev", Scheduled Tribe by setting aside the judgment of the committee, still the committee has ignored the said judgment and invalidated the tribe claim of the petitioner.

(3.) The learned A.G.P. submits that the father of the petitioner obtained the validity certificate by practicing fraud. The entries of 'Koli Mahadev' in the school record of the cousin grandfather, cousin grandmother of the petitioner are interpolated. Even, there is a change of handwriting while recording tribe as 'Koli Mahadev' in the school record of the petitioner's father. The learned A.G.P. further submits that the petitioner has failed to prove the affinity test. The learned A.G.P. further submits that school record of many of the relatives of the petitioner demonstrates entry of 'Koli' only, the same is S.B.C..