GANESH ASHOK NARHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent taken up for final hearing. Heard the learned counsel appearing for the petitioner and learned Government pleader appearing for the State.

(2.) By this petition, the petitioner has challenged the order dated 27.3.2008 passed by Respondent No.2 - committee thereby invalidating the caste certificate of the petitioner as belonging to Mahadeo Koli - Scheduled Tribe. It is the contention of the petitioner that considering the evidence produced by him in support of his caste claim, he was granted caste certificate as belonging to Mahadeo Koli - Schedule Tribe by the Tahasildar Executive Magistrate, Pune City, Dist. Pune. The petitioner was appointed on the post of Sr.Technical Assistant (A) under the Reserved Category of Scheduled Tribe by Respondent No.3. The petitioner s caste certificate was referred to Respondent No.2 the caste scrutiny committee, Pune for verification. It is the case of the petitioner that the petitioner submitted voluminous evidence in support of his tribe claim before the Caste Scrutiny Committee.

(3.) The Police Inspector of Vigilance Cell attached to the Scrutiny Committee conducted the detailed home and school enquiry and recorded the statement of the petitioner on 25.01.2005. He has also examined the school records in respect of the blood relatives of the petitioner from paternal side and submitted his enquiry report to Respondent No.2 committee on 25.7.2005. Thereafter the petitioner was called for hearing on 23.8.2005. The petitioner was given copy of the Vigilance Cell Report on 23.8.2005 and he was asked to submit his say on or before 10.9.2005.