KU. NANDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 9/8/2000 passed by the respondent No. 2- the Scheduled Tribe Caste Scrutiny Committee, Nagpur whereby the Committee invalidated the Caste Certificate of the petitioner belonging to 'Halba' Scheduled Tribe.

(2.) It is the case of the petitioner that she took primary education in Girls' School, Maskasath, Nagpur. She took her further school education from New English High School, Nagpur. In the school record, the caste of the petitioner is recorded as 'Halba'. On the basis of the copy of the School Leaving Certificate the Executive Magistrate, Nagpur had granted the Caste Certificate of 'Halba' Scheduled Tribe to the petitioner. The petitioner applied for the employment in Irrigation Department of the State of Maharashtra, Mantralaya, Mumbai against the seat reserved for Scheduled Tribe category. On selection the petitioner joined the post on 3/9/1998.

(3.) The father of the petitioner took education in New English High School, Nagpur between 25/4/1952 and 31/3/1958. In the school record of father, his caste was recorded as 'Halba'. On the basis of the School Leaving Certificate Sub Divisional Officer, Nagpur had granted the Certificate of 'Halba' Scheduled Tribe to the father of the petitioner. Her father was also appointed as 'Clerk' in Central Railway at Chandrapur with effect from 8/3/1963 on the post reserved for Scheduled Tribe. Her father took voluntary retirement with effect from 31/3/1999. The petitioner has relied upon the certificate of 'Halba' Scheduled Tribe issued in favour of her father to substantiate her claim.