YATIN NILKANTH BASTAV Vs. EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) BY this petition the petitioner challenges the order of the respondent No. 2 dated 16-7-1996 bearing No. TCSC/eng/com/128/ ynb whereby the said respondent No. 2, namely, the Committee for scrutiny and verification of caste claims Pune, held that the petitioner does not belong to the Mahadev Koli, Schedule Tribe Community thereby invalidating his claim of belonging to the said community.

(2.) IN support of his claim the petitioner had produced before respondent no. 2 i. e. the Committee for scrutiny and verification of tribes claims, Pune, in all 15 documents. Inter alia, documents at Serial Nos. 5 and 9 which are birth extracts of the petitioner's father and uncle wherein their caste is recorded as koli. Both these documents pertain to the period 1941 to 1948 i. e. prior to the presidential Order of 1950 notifying a Schedule Tribe. Document at Serial No. 10 is the High School leaving certificate of the petitioner's uncle wherein he is shown as belonging to the caste Mahadev Koli. However, the Principal of the school viz. Thakurwar High School had certified that the caste had been changed from "suryavanshi Koli" to "mahadev Koli" as per Order No. A/36/l dated 12-12-1959 of the Education Inspector (at Serial No. 12 ). The document at Serial No. 15 is an order passed by this Honourable High Court on 3-11-1993 in Writ Petition No. 3017 of 1993 filed by Vivek, the uncle of petitioner whereby the Executive Magistrate was directed to issue the caste certificate to the petitioner. The documents listed at Serial Nos. 1, 2, 4 and 13 are school records of the candidate and his cousin sister in which the caste is mentioned as "mahadev Koli" S. T.

(3.) IT is argued in the said impugned order that if the caste, of the candidate's father and uncle is recorded as 'koli" in their birth extracts and in addition the caste of candidate's father is recorded as "suryavanshi Koli" in the school records, the caste of the petitioner and his cousin sister cannot be different from that of the father and uncle's caste, for the reasons that caste is acquired by birth. It is further noted that these documents are dated 1998, 1994 and 1991 respectively i. e. after the date of the Presidential Order of 1950 notifying the Schedule Tribes.