SHIVADAS VISHVASRAO BHAMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned advocates for respective parties.

(2.) Mr. A. S. Golegaonkar, learned advocate for the petitioner submits that the petitioner belongs to "Thakur Scheduled Tribe" community. On 25/9/1992 competent authority i.e. Executive Magistrate, Nandurbar issued the caste certificate to him. In year 1998, he has been appointed as Assistant Teacher with respondent No.4. Since, 1/7/2000 his services have been confirmed. The School management had forwarded the proposal to committee for verification of petitioner's Tribe claim, as his appointment was made from S.T. Category. It was accompanied with School Admission Record of his cousin grandfather for years 1919, 1923, 1927 and 1933. The caste validities issued in favor of paternal relatives were also made part of the proposal. The Committee was pleased to refer matter to the Vigilance Inquiry. Report of such inquiry is submitted on 3/1/2004 to the Committee. Finally, the Committee vide the impugned order, invalidated the tribe claim of the petitioner, mainly on the ground that forefathers of the petitioners were not resident of the original geographical area of "Thakur" Schedule Tribe community and that petitioner failed in the affinity test.

(3.) Mr. Golegaonkar submits that area restriction has been removed by enactment of the Parliament in the year 1976. Affinity test cannot assume significance, when impeccable evidence to support the petitioner's claim, in the nature of pre-constitutional record of paternal blood relatives is placed before committee in support of Tribe status of petitioners family. He would, therefore, submit that impugned order is unsustainable and liable to be quashed and set aside. Mr. Golegaonkar would further urge to direct the Committee to issue Tribe validity to the petitioner.