NANDINI Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Taken up for final hearing with the consent of the parties.

(2.) The caste certificate of the petitioner as Thakur - Scheduled Tribe is invalidated. Mr Deshmukh learned Counsel for the petitioner submits that paternal cousin grandfather of the petitioner Amrutsing is issued with the validity certificate as Thakur - Scheduled Trive. The preconstitutional documentary record of the petitioner record caste as Thakur. The learned Counsel further submits that the validity certificate issued in favour of the paternal cousin of grandfather of the petitioner is discarded only on the ground that same was as per the law prevailing then. The law has not undergone any change.

(3.) The learned Counsel for the petitioner submits that even the traits have been to a larger extent proved by the petitioner. The Apex Court has, in case of Anand vs Committee for Scrutiny and Verification of Tribe Claims and Ors. reported in (2012) 1 SCC 113 held that the afniti test is not a litmus test.