MOHINI Vs. COLLECTOR, JALGAON

JUDGEMENT

(1.) This Petition is directed against the Decision and Order dtd. 9/10/2012 of the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar (for short, "the respondent Committee), the respondent No. 2 in this petition, invalidating the Caste Certificate dtd. 3/10/2001 issued to the Petitioner, by the Sub-Divisional Officer, Bhusawal, District Jalgaon, certifying that she belonged to the "Thakur, Scheduled Tribe", notified in terms of the Constitution, (Scheduled Tribe) Order, 1950.

(2.) It is the case of the Petitioner that she was appointed as Clerk-cum-Typist by the Collector, respondent No. 1 herein, against the post reserved for Scheduled Tribe. Her Tribe claim was referred to the respondent Committee for confirmation of her status as Scheduled Tribe. She had made an application to the respondent Committee under Rule 11 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 and had submitted several documents including the documents of pre-Constitutional period and the validity certificate issued to her relatives. The respondent Committee referred the documents for verification to Vigilance Cell, who, in turn, made investigation and submitted its report. A copy of the report of the Vigilance Cell was supplied to her. An opportunity of hearing was also granted. The respondent Committee, after evaluating the documents, by an Order dtd. 9/10/2012 rejected her claim.

(3.) Aggrieved by and dissatisfied with the said Order, the present Writ Petition has been filed.