SUBHASH PIRAJI JUKTE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Mr.Awate, learned counsel for petitioner submits that the Scrutiny Committee while invalidating the tribe claim of petitioner as belonging to Mannerwarlu Scheduled Tribe has given a perverse finding. The Committee on the premise that the School record of the petitioner is manipulated and insertion has been made of the word "lu" has invalidated the tribe claim. The learned counsel relied on the Vigilance Report to submit that it is not the case of interpolation. The learned counsel submits that during the pendency of the present Writ Petition, two of the cousins of the petitioner have been issued validity certificates as belonging to Mannerwarlu - Scheduled Tribe. Even there are other cousins whose school record also depict caste as Mannerwarlu - Scheduled Tribe. The learned counsel submits that in the column of caste as far as father's record is concerned, the same appears as Hindu, however, the same can not be said to be a contra evidence.

(3.) Mr.Patil, learned A.G.P. submits that no error has been committed by the Committee while invalidating the tribe claim of the petitioner. The petitioner could not prove affinity test. There is no corroborative evidence and even interpolation appears in the School record of the petitioner. Considering over-all facts of the case, the Committee has rightly invalidated the tribe claim of the petitioner.