SAMIRA PRAVIN SAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.

(2.) The petitioner approaches this Court under Article 226 of the Constitution of India, thereby impugning the order dtd. 24/11/2021 passed by respondent no.2-Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, thereby invalidating the caste claim of the petitioner as belonging to 'Koli Mahadev', Scheduled Tribe.

(3.) Mr. Pratap Jadhavar, learned Advocate appearing for the petitioner would submit that the petitioner is a student and pursuing her education. The Competent Authority issued caste certificate dtd. 17/2/2018 in his favour certifying that she belongs to 'Koli Mahadev', Scheduled Tribe. The certificate was forwarded to the Committee for verification alongwith various documents including school record, service book record and affidavit containing genealogy. The vigilance inquiry was ordered by the Committee. On receipt of the report, show cause notice was issued, which has been duly replied by petitioner explaining the adverse remarks. Mr. Jadhavar would submit that the petitioner has submitted pre-Constitutional documents in the form of school admission entry of second cousin i.e. Sahadu Khandu Savale dtd. 1/6/1941, Mirabai Govinda Savale i.e. cousin grandmother dtd. 1/6/1949, Rohidas Kautik Savale i.e. grandfather dtd. 1/6/1951 and so on. However, Committee relying upon some contra entries pertaining to the distinct blood relatives, discarded the caste claim of the petitioner, which is contrary to the settled legal position.