AARYAN Vs. SCHEDULE TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. The matter is heard finally by the consent of the learned counsel for the parties.

(2.) The petitioner claims to be belonging to Halbi Scheduled Tribe but, his claim has been rejected by the respondent No.1 after due verification by following the procedure prescribed under 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 (for short, "the Act of 2000" hereinafter) read with the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 (for short, "the Rules of 2003, hereinafter).

(3.) Shri Bhangde, learned Senior Advocate submits that there were two pre-constitutional documents of the date of 3/2/1935, a school leaving certificate standing in the name of Narayan Kisan - Halbi, a great grandfather of the petitioner and of the date of 1/2/1940 a purchase deed of land, standing in the name of Kisan Babuji Halbi the great grandfather of the petitioner which without any iota of doubt and unequivocally would show that forefathers of the petitioner were Halbi but, learned Senior Advocate further submits, on the that specious ground that the other revenue record obtained by the Vigilance Officer which in fact was birth and death register maintained by the Municipal Corporation, for the month of May, 2019 showing that the caste of the great grandfather of the petitioner was "Bunkari" rejected the claim of the petitioner.