PRAJAKTA SAHEBRAO BIRHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for respective parties.

(2.) The petitioner has approached this Court raising challenge to the order dated 30th December, 2005, passed by the Scheduled Tribe Certificate Scrutiny committee, Aurangabad Division, Aurangabad.

(3.) The petitioner claims that she belongs to "koli Malhar", a Scheduled tribe. The petitioner is a student and it has been informed by the learned Counsel for the petitioner that she has secured admission to medical course as against a seat reserved for scheduled tribe category candidate. The tribe claim of the petitioner came to be referred to the respondent No. 2- Committee for verification. It appears that as a part of the prescribed procedure, vigilance cell inquiry was conducted and the report was submitted to the Committee. The petitioner was also afforded an opportunity of being heard by the Committee. The petitioner submitted number of documents before the Committee. On consideration of the documentary evidence tendered by the petitioner before the committee as well as after holding the personal interview of the petitioner, respondent No. 2- Committee arrived at a conclusion that the petitioner has failed to establish her claim and as such by order dated 30-12-2005, invalidated the tribe certificate issued in favour of the petitioner.