MOHSIN KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the respective parties. Rule. Rule made returnable forthwith. The matter is taken up for final disposal at the admission stage.

(2.) The petitioners are relying upon the validity certificate issued to their father Aslam Khan. Besides that they have placed on record the vigilance report, affidavit, genealogy, mortgage deed of 1931 and its translation. Besides this record the school record of the close relatives was also placed before the Scrutiny Committee.

(3.) The learned AGP supports impugned judgment and order. According to him the school record does not support the petitioners' claim. There is no consistency in respect of the caste mentioned in the record. There was manipulation of the school record. The mortgage deed is not useful to decide a caste status. He would further submit that the petitioners failed to satisfy the test of area restriction. There was vigilance enquiry and affinity test was against them.