PRADEEP Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) THE order dated 15 -2 -2005 made by the Committee (respondent No. 2), constituted under the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De -notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special backward Category (Regulation of Issuance and Verification of) Caste Certificate Act 2000 is challenged in the present proceeding. The claim of the petitioner that he belongs to the caste, Rajput Bhamta, Vimukta Jati, is rejected by the respondent No. 2. Both the sides are heard. This Court has perused the original file of the Committee.

(2.) THE caste claim of the petitioner was referred to the Committee for verification by his college. During enquiry the vigilance cell made investigation and it submitted report to the Committee. Copy of the report was supplied to the petitioner and opportunity was given to him to have his say on the report. He produced some record.

(3.) AS per the record, right from beginning, in the primary school the petitioner had given his caste as Rajput Bhamta and this record starting from 1991 is available. Similar record was available in respect of his brother Sandip. The school leaving certificate of the father of the petitioner namely Sitaram was produced to show that the father was born on 10 -2 -1953, he was admitted in primary school (First Standard) on 25 -6 -1961 and his caste was mentioned as Rajput Bhamta. This certificate produced by the petitioner is shown to be issued on 26 -6 -1969. This certificate further shows that petitioner's father had left the primary school for further education. In the past he was studying in a school from Lad Sawangi, a school of Zilla Parishad and from there he went to Zilla Parishad High School Badnapur, District Aurangabad. He was admitted in the high school on 28 -6 -1969 for 8th Standard. There was one more certificate of Zilla Parishad High School showing that he was shown to be admitted in 9th Standard in the same school on 23 -7 -1970 and he left the school on 31 -5 -1973 when he passed S.S.C. Examination in 1973. This document is dated 30 -3 -1982. The surname of the father of the petitioner was, however, mentioned as Dulhat. The petitioner relied on one more certificate of Lad Savangi school issued in respect of Chhotoram Chhagan Rajput and the petitioner contended that he is his uncle. Chhotoram was born on 28 -10 -1949 as per this certificate and he was admitted in the primary school on 20 -6 -1954. There is one more school leaving certificate in respect of one Tulsabai Chhagan Rajput, sister of the father of the petitioner, and she was also admitted in the same school from Lad Savangi and this record is similar in nature.