SUKHADA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is challenging judgment and order dtd. 04/07/2023 passed by the respondent no.2/Scrutiny Committee, invalidating her caste claim for scheduled tribe 'Koli Mahadev'. The learned Advocate submits that despite having validity certificates of blood relatives, the claim was rejected, is a perversity. Chandraprakash is contended to be first validity holder. The vigilance report in his matter is placed on record. The contrary entries and all other circumstances were taken into account, while issuing validity certificates to father-Sudharshan, Uncle-Gangadhar, cousin-Shankar and Chandraprakash.

(2.) Per-contra the learned AGP submits that the Scrutiny Committee rightly rejected the claim holding that there were contrary entries and manipulation of school record was noticed in respect of Raghunath, Laxmikant and Gangadhar. The Scrutiny Committee correctly recorded findings that the validity certificates were obtained by suppressing material facts and without following due procedure of law.

(3.) The learned AGP submits that the affinity test was against the petitioner. He points out from the file produced for our perusal that there is glaring manipulation of the record in case of Laxmikant, Gangadhar and Sudarshan. He submits that it is a case of brazen fraud, which needs to be taken seriously.