LAWS(BOM)-2002-9-47

RAMBHAU DIWAKAR PARKHEDKAR Vs. STATE OF MAHARASHTRA

Decided On September 02, 2002
RAMBHAU DIWAKAR PARKHEDKAR Appellant
V/S
STATE OF MAHARASHTRA THROUGH ITS SECRETARY Respondents

JUDGEMENT

(1.) RULE returnable forthwith. Heard by consent.

(2.) THIS petition is directed against the order dated 5-5-2000, by which, the petitioners caste claim that he belongs to "halba", Scheduled Tribe, has been negatived on the ground that in the extracts of school admission register, issued by the Head Master, the caste in respect of petitioners grandfather, uncle and other relatives is clearly recorded as "koshti".

(3.) THE main challenge by the petitioner is that the Police Vigilance Cell of the Committee neither collected any information regarding the social cultural traits, customs etc. in respect of the petitioner, nor did it make an enquiry as to anthropological and ethnical traits, deities, religious customs, mode of marriage, death ceremonies, method of burial of dead bodies etc. According to the petitioner, the petitioner belongs to "halba" who have taken to weaving. In the present case, it is clear that the petitioners caste claim that he belongs to Halba has been negatived on the ground that the caste in respect of the petitioners grandfather, uncle and other relative is recorded as Koshti in the school admission register of the Nagarparishad Primary School, Shindhi Railway. Prima facie, there seems nothing wrong in these observations of the respondent-Committee and its finding that the petitioner belongs to Koshti, which is O. B. C. and not Halba Scheduled Tribe.