PRABHAKAR Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) THE petition is filed to challenge the order of rejection of caste claim of petitioner by respondent No. 2, the Committee constituted for scrutiny and verification of the tribe claims in Maharashtra (hereinafter referred to as 'the Committee' for short) under the provisions of the Maharashtra Scheduled Caste, 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 (hereinafter referred to as 'the Act' for short). Both the sides are heard.

(2.) THE petitioner claims that he belongs to 'Dhangar' community, which is declared as Nomadic Tribe (NT) in the State of Maharashtra. He was provisionally admitted in M.B.B.S. course on the basis of caste certificate issued by authority. As he could not produced the validity certificate within prescribed period, there was possibility of cancellation of his admission and so, he approached this Court. Some interim protection was given to the petitioner and due to that, he completed the course. The Committee has decided the claim against the petitioner by holding that he is not entitled to receive benefits as at the relevant time, in the year 1961, his parents were residents of Karnataka State and they had come to Maharashtra after the relevant date. The State Government has issued Government Resolution, declaring that after the date mentioned in notification, the persons who come to the State from other State will not be entitled to get the benefit of the caste.

(3.) THE Vigilance Report shows that during investigation, it became clear that the petitioner was admitted in primary school from Ekamba, Tahsil Basavkalyan, District Bidar, Karnataka State. He did not give particulars of the place of birth and so, verification of that circumstance could not be done. When he could have produced the record like ration card, voters list to show that his parents or other predecessors had come to Maharashtra prior to the relevant date viz. 21.10.1961, he did not produce such record.