KU.ARCHANA TULSHIRAM KUMBHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the Petitioner has challenged the order dated 22 March 1999 passed by the Respondent Scrutiny Committee invalidating the caste certificate of the Petitioner dated 16 August 1994 as belonging to "Halba" (Scheduled Tribe) issued by the Executive Magistrate, Nagpur.

(2.) The Petitioner applied and was granted a caste certificate as belonging to "Halba" (Scheduled Tribe) by Executive Magistrate, Nagpur on 16 August 1994. The case of the Petitioner was referred to the Scrutiny Committtee for verification. The Petitioner produced ten documents in respect of her caste claim. The documents were caste certificates, Primary School record, 7/12 extract and the judgment passed by the Division Bench of this Court in Writ Petition No.2070/1985. Enquiry was conducted by the Police Vigilance Cell and report was given. The Scrutiny Committee observed that the caste certificates produced by the Petitioner and the documents of post independence period cannot be considered as requisite proof.

(3.) The Petitioner did not produce any document of her relatives of the period prior to 1950 to show that she belongs to "Halba" (Scheduled Tribe). The copy of the 7/12 extract relied upon by the Petitioner has been taken note of by the Scrutiny Committee and it is stated that there is no caste mentioned therein. The 7/12 extract is sought to be relied upon by the Petitioner to connect her with the judgment delivered by the Division Bench of this Court in Writ Petition No.2070/1985 on 13 August 1987.