GANGARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned counsel for appearing parties finally, by consent. Learned AGP refers to that officials of the scrutiny committee is present in the court.

(2.) The petition is moved by petitioner challenging decision of respondent No. 3 - scheduled tribe certificate verification committee, Aurangabad dated 18th July 2019, invalidating his claim as belonging to "Mannervarlu", scheduled tribe pursuant to tribe certificate issued in his favour dated 15th November 2018, with further directions to the concerned, to take action according to provisions of The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.

(3.) After hearing learned counsel for the parties, the position emerges that the committee has declined to consider documents being of 1980 onwards. The committee, in its decision, also makes reference to vigilance cell report, wherein it is claimed that one Prakash Satwaji Sudewad and Sudewad Subhash Satwa, who are referred to be obstructed relatives, their documents do not refer to their tribe as "Mannervarlu". The committee purportedly has inferred that there are various groups like Munnerwar, Munnurwar, Munnur, Telgu Munnur, Munnurwar Telgu, Munnurcapu, Munnurwad, which had nothing to do with listed scheduled tribe, as appearing at serial No. 27 in the list of scheduled tribes. While, it has been considered by the committee that after "Mannervar" letter "lu" appears to be interpolated in school record of father of petitioner without following due procedure coupled with vigilance cell report showing Prakash Satwaji Sudewad and Sudewad Subhash Satwa bearing no record of their tribe being "Mannervarlu", and further that there is no corroboration at all in their affinity test and since the validity certificates issued to his uncle and cousin, appear to be fraudulently obtained, particularly the one issued to his uncle, Chandrao, which is issued under the signature of unauthorized officer, it did not consider it expedient to validate the claim of petitioner, to be belonging to "Mannervarlu" scheduled tribe.