ANKUSH BALAJI LAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE caste certificate of the petitioner showing him to belong to Rajput Bhamta caste was invalidated by the Caste Scrutiny Committee by an order dated 25-1-2002. This order is challenged in this writ petition. The Caste Scrutiny Committee scrutinized the evidence produced by the petitioner and came to the conclusion that all the evidence was of recent origin and the documents relate to the period much after the Rajput Bhamta caste was declared as V. J. N. T. in the year 1961. The Caste Scrutiny Committee, therefore, declined to place much reliance on the said evidence of recent origin.

(2.) THE Caste Scrutiny Committee had called for the report of the Vigilence Committee. As per the judgment of Supreme Court of India in (Kumari Madhuri Patil and another v. Additional Commissioner Tribal Development and others) reported in (S. C.)690 : A. I. R. 1995 S. C. 94. Since the report of the Vigilence Committee was against the petitioner, a notice was issued and an opportunity of hearing was given to the petitioner. The petitioner relied upon the caste certificate issued to Umesh Pralhad Lad, who is alleged to be first cousin brother of the petitioner. Learned Advocate for the petitioner also pointed out that this caste certificate of Umesh was validated by Caste Scrutiny Committee on 8-6-1997 and it was contended that if the cousin belonged to Rajput Bhamta caste, then the petitioner must also be held to belong to Rajput Bhamta caste.

(3.) IN case of paternal first cousins ( in this case, Umesh is alleged to be paternal cousin brother), they must have common grand father. In the present case, grand father of Umesh is shown to be Kishan while grand father of Ankush is shown to be Vithal. Thus, Umesh and the petitioner Ankush cannot be first cousin brothers as alleged. It is not alleged that they are second cousins.