MILIND BHIMSING SHIRSATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the respective parties.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 25.05.2018 passed by respondent no. 2 committee thereby invalidating the caste certifcate of the petitioner as belonging to Tokre Koli which is notifed as Scheduled Tribe under SC/ST (Amendment) Act, 1976 for the second time.

(3.) It is the case of the Petitioner that he by birth belongs to Tokre Koli tribe which is recognised as Scheduled tribe by the SC/ST Orders (Amendment) Act, 1976. The tribe claim of the father of the petitioner was subjected to detail and elaborate scrutiny at the hands of the Caste Scrutiny Committee constituted under Government Resolution dated 29.10.1980. The said Scrutiny Committee initially invalidated the caste certifcate of father of the petitioner by an order passed in the year 1983. Being aggrieved, the father of the petitioner fled substantive appeal as provided before the then appellate authority of exclusive jurisdiction. After hearing both sides, the appellate authority passed the order on 4th February 1983 thereby adjudicating the tribe claim of father of the petitioner and thus allowed the appeal by setting aside the decision of the scrutiny committee. Thereafter, the tribe claim of uncle of the petitioner by name Shri. Vijaysing Amarsing Shirsath was also subjected to detailed and elaborate inquiry by the scrutiny committee constituted under Section 6(1) of Caste Certifcate Act, 2001. The scrutiny committee at Nasik after conducting school and home enquiry through vigilance cell passed an order dated 28th March 2005 thereby validating the tribe claim of the real uncle of the petitioner from paternal side. The said caste scrutiny committee, Nasik pleased to issue caste validity certifcate in the prescribed form 'G' to the said real uncle of the petitioner.