NAMRATA ANAND ALHAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

(2.) The petitioner claims to belong to "Mahar" caste, which is included in Scheduled Caste category. The petitioner has been appointed as Assistant Teacher in the year 2003 as against a seat reserved for Scheduled Caste category in Respondent No.4-school. The caste certificate issued to the petitioner on 13.01.2011, certifying that she belongs to Mahar caste was referred to the Scrutiny Committee for verification. The Scrutiny Committee, after observing the procedure prescribed under law and on consideration of evidence placed on record by the petitioner, came to the conclusion that the petitioner has failed to substantiate her claim and as such, by an order dated 12.07.2013, was pleased to direct invalidation of caste certificate issued in favour of the petitioner.

(3.) The Scrutiny Committee turned down claim of the petitioner mainly on the ground that in the school leaving certificate of the petitioner, her religion is recorded as "Christian", as also, in the service record of the petitioner, her religion is recorded as "Christian". The father of the petitioner has stated during vigilance cell inquiry that though he believes in Christian faith, he belongs to Mahar caste. Considering adverse evidence in the form of school leaving certificate and service record of the petitioner, the Scrutiny Committee proceeded to direct invalidation of caste certificate issued to the petitioner.