MAHADU S O JAMNAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition was heard by His Lordship Justice N. P. Chapalgaonker of this Court on 30th July, 1991 and by his order of the same date, His Lordship had directed to send the Caste Certificate No. 77-A-Misc. CR. 68-77, dated 10-10-1977, issued by the Tahsildar, Biloli to the Scrutiny Committee headed by the Director of Tribal Research and Training Institute, Pune for his necessary opinion thereon by issuing necessary certificate with a finding as regards the truthfulness or otherwise of the certificate and with a further necessary direction to specify as to which caste the respondent No. 2 belonged to. It was further directed that the said opinion should be given by the Committee within two months after giving opportunity to the parties of being heard. Liberty was also given to the parties concerned to file appeal if dissatisfied with that decision if it was so provided under the rules to the Additional Commissioner, Tribal Development, Nasik. Thus the matter was made to stand over for six months.

(2.) IN pursuance of the abovesaid direction, the Caste Certificate Scrutiny Committee, Maharashtra State, Pune (hereinafter referred to as the Scrutiny Committee) decided the matter as regards the caste of the respondent No. 2 by its order dated 15-4-1993, thereby rejecting the claim of the present respondent No. 2 that he belonged to Mahadeo Koli Scheduled Tribe. The Scrutiny Committee further cancelled the certificate issued by the Executive Magistrate, Biloli vide No. 84-A/misc. CR. 68/77 dated 9-4-1984. The copy of the order of the Scrutiny Committee dated 15-4-1993 is placed on the record of this writ petition.

(3.) ON receipt of the judgment from the Scrutiny Committee, the matter is again placed before this Court for hearing.