MINAL BHARATSING THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Petitions involve common questions of fact and law. Learned Counsels for the Petitioners and Respondent submitted common arguments. By consent of both sides, both Petitions are decided by this common judgment.

(2.) Petitioners are real sisters and daughters of Bharatsing Thakur. They claim that Thakur Tribe Certificate was issued to them on 30/10/2000 and 30/11/2000. Petitioner Minal came to be appointed on the post of Shikshan Sevak by Zilla Parishad, Dhule on 21/1/2009 and she is in service. As per the prescribed procedure, tribe validity certificate of this Petitioner was forwarded for verification along with necessary documents to Respondent No. 2 - Committee. Both Petitioners claim to have submitted 22 documents in support of their tribe validity claim. It is a case of Petitioners that evidence was submitted before Committee with regard to the school leaving certificate of her grandfather viz. Gulabrao Thakur wherein his caste is recorded as Thakur as on 25/7/1927. It is further claimed that their father B. G. Thakur was issued with tribe validity certificate on 22/12/2003. Similarly, their paternal cousin brother has also been issued such certificate by the competent Committee. According to Petitioners, Caste/Tribe Scrutiny Committee, however, in ignorance of evidence on record, by impugned order dtd. 12/11/2009, invalidated the tribe claim of the Petitioners.

(3.) We have heard the learned Counsels for the rival sides and considered documents on record so also relevant files of the Petitioners before the Scrutiny Committee.