BALU SONABA BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD. The petitioner is hereby assailing the correctness, propriety and legality of the order which has been passed by the committee for Scrutiny and Verification of Tribe Claims, Pune, while making the scrutiny of the caste certificate produced by the petitioner Shri Balu Sonaba Bhosale. At the time of recruitment the petitioner has produced caste certificate showing that he belongs to tribe "kokani"- S. T. (Scheduled Tribe ). The said Committee scrutinised the caste certificate given to the petitioner. The petitioner produced the following documents in support of his claim that he belongs to said schedule tribe. Those documents can be enumerated as mentioned below. 1. Xerox copy of the Primary School Leaving certificate bearing Register No. 126101 dated 3-5-1974 issued by Head Master, Poona Corporation School No. 31, Poona. 2. Xerox copy of the Primary School Leaving Certificate bearing No. 10894 dated 7-9-1979 issued by the Pune Corporation School No. 24. 3. Xerox copy of the Caste Certificate bearing No. Caste/sr/2100/79 dated 21-6-1979 issued by the Tahasildar and Executive Magistrate, Pune City.

(2.) HE produced the following documents in respect of his relatives which can be enumerated as below. 1. Xerox copy of the School Leaving Certificate bearing No. 271 dated 17-9-1975 issued by the Superintendent, Shri Shivaji Maratha High School, Poona 2 in respect of "dattatraya Baban Kadam, candidates material cousin brother. " 2. Xerox copy of the Caste Certificate bearing No. Caste/sr/st/11/1982 dated 25-1-1982 issued by Tahasildar and Executive Magistrate, Poona City, Poona in respect of Dattatraya Baban Kadam, candidates maternal cousin brother.

(3.) AFTER scrutiny, the Committee expressed its opinion which can be mentioned for the purpose of making the controversy clear. 1. Documents quoted at Serial Nos. 1 to 4 are school leaving certificates of candidate and his relatives wherein caste is recorded "kokani". These documents do not carry the evidential value so far as the caste claim is concerned for the reason stated below. (a) As per instructions from the Government of India, Ministry of Home Affairs, Letter No. 35/172-RU (SCT/v) dated 2-5-1975, it has been mentioned where a person claims to belong to schedule caste/scheduled Tribe by birth, it should be verified. (I) that the person and his parents actually belong to the community claimed; (II) that this community is included in the Presidential order specifying the Scheduled Caste/scheduled Tribe in relation to the concerned State; (III) that the person belong to that State and to the area within that State in respect of which the community has been scheduled.