MALTI DEORAM KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Assistant Government Pleader for respondent no. 1 and learned counsel for respondents Nos. 2 and 3.

(2.) The petitioner was appointed as Assistant teacher on 29-12-1992 in the services of Zilla Parishad jalgaon. Initially the petitioner claimed that she belonged to Tokre Koli, a Scheduled Tribe. A caste certificate was issued, according to the petitioner, by the Executive Magistrate Jalgaon on 10-12-1981. As the petitioner was appointed as a candidate belonging to scheduled Tribe, the Chief Executive Officer, Zilla parishad Jalgaon referred the caste certificate of the petitioner for verification to the Scrutiny committee vide letter dated 17-6-1996. During vigilance enquiry, the Tahsildar Jalgaon informed the Vigilance Officer that there was no entry found in the register maintained by the office of the Tahsildar Jalgaon regarding issuance of such a caste certificate in favour of the petitioner. Accordingly, the Vigilance officer submitted report to the Scrutiny Committee on 25-11-1999. By judgment and order dated 29-12-2001 the scrutiny Committee cancelled the caste certificate issued in favour of the petitioner as Tokre Koli and recommended criminal prosecution against the petitioner for obtaining fake caste certificate.

(3.) The petitioner questioned the said order of the scrutiny Committee in Writ Petition No. 5298 of 2001 before this Court. The writ petition came to be partly allowed. Operative portion of the order passed by this court is as below :