MISS MADHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties heard finally at the admission stage.

(2.) The caste claim of the petitioner belonging to Mannervarlu Scheduled Tribe is invalidated by the impugned order dtd. 30/6/2018.

(3.) The learned counsel for the petitioner would argue that rejection of the caste claim of the petitioner without holding the caste claim of near relative obtained by playing fraud cannot be invalidated. There was no evidence before the scrutiny committee that the word 'lu' was added at the last of the caste by the petitioner herself. There was absolutely no evidence before the vigilance cell that certificate dtd. 17/5/1972 was forge. The vigilance cell did not record the statement of the president of the municipality to find out the genuineness of the certificate dtd. 17/5/1972. In the absence of adding the word 'lu' to the caste would not lead to an irresistible conclusion that the said word was added by the petitioner. There was no evidence of handwriting expert before the caste scrutiny committee to prove that the word 'lu' was subsequently added. The school entry of the real uncle of the petitioner namely Mohan Gangadhar Birkale with Zilla Parishad School Shivangaon is shown as Kolam Mannervarlu cannot be considered as contra entry. The person namely Lingu Koneri mentioned in khasra patrak is not the closest blood relative and also does not fall in the genealogy of the petitioner. However, the scrutiny committee has erred in believing that he is the close blood relative of the petitioner. The findings of the scrutiny committee on khasra pahani patrak of Mahadu Irba and Gunjabai Maruti are contrary to the facts.