ANSHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We have heard learned advocate for the petitioner and the learned AGP. At their joint request, the matter is being heard finally at the stage of admission.

(2.) The petitioner is challenging the order of invalidation passed by the respondent - scrutiny committee thereby confiscating and cancelling her tribe certificate of Thakur scheduled tribe under sec. 7(1) of the Maharashtra Act no. XXIII of 2001 and the rules of 2003 framed thereunder.

(3.) The learned advocate for the petitioner would submit that the petitioner has been relying upon the oldest school record of Dharma Zendu, Anshu Devidas Thakur which is of 1/4/1928 mentioning their caste as Thakur. He would submit that ignoring such oldest entries, some entries stated to be contrary entries of a later period has been relied upon by the committee to invalidate the claim. Such approach of the committee discarding the oldest record and drawing inference on the basis of the latter record is not sustainable.