SWARAJ Vs. SCHEDULED TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of the learned Counsel for the parties.

(2.) The petitioner has challenged the order of invalidation of tribe claim of the petitioner belonging to 'Thakur' Scheduled Tribe. He has submitted the documents along with the validity certificate of the cousin uncle Rajendra Madhukar Gathe, which was issued by the Scrutiny Committee as per the judgment passed by this Court. He has filed the death certificate of great great grandfather Ganu Krushna, wherein the entry of his death is 18/7/1937, the death certificate of brother of Ganu, Bhonya, who is cousin great, great grandfather, the entry of his death recorded as 26/11/1974, the death certificate of cousin great, great grandfather Shivrao Krushna recorded the entry of his death as 14/7/1950, Extract of Dakhal Kharij Register dtd. 1/7/1977 mentioning the Caste as 'Thakur', in School Admission Register of the year 1934 of grandfather of the petitioner Ramkrushna Sampat also mentioned the caste as 'Thakur'. He also submits that the validity certificates had issued to his aunt Shreya Sudhakar Gathe and his cousin uncle Krushna Sudhakar Gathe by the Scrutiny Committee as per the judgment of this Court.

(3.) The Police Vigilance Cell has produced one adverse entry of one Bhona Walda Krushna is shown as Kunbi on 12/5/1913 and another entry of Sampat Ganu 'Tha-Kunbi' dtd. 5/2/1934. While giving reply to the Vigilance Cell, the petitioner has denied said entries stating that these entries are not correct as the entry of Bhona Krushna is of dead man and entry of Sampat is 'Thakur' only. He has stated that Vigilance Cell has not submitted correct report. The enquiry was of a different person and not that of the cousin great grand father Bhonya whereas the said document relates to Bhona Krushna and the cousin great grandfather is Bhonya and not Bhona.