MADHUKAR UTTAM CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. With the consent of the parties, the petition is taken up for final decision at admission stage.

(3.) The petitioner claims to be belonging to 'Thakur', Scheduled Tribe. He has been appointed as Police Constable as against the seat reserved for the Scheduled Tribe category. The tribe certificate issued to the petitioner by the Executive Magistrate, Nashik on 13.01.1987 was produced for verification to the Scrutiny Committee, Nashik. However, the Scrutiny Committee has refused to verify the caste status of the petitioner on the ground that the original place of residence of the forefathers of the petitioner is from Jalgaon district and the competent authority to issue the tribe certificate is the Sub-Divisional Officer / Executive Magistrate, Jalgaon. According to the Scrutiny Committee, the petitioner ought to have secured the tribe certificate from the Sub-Divisional Officer / Executive Magistrate, Jalgaon and should have submitted the same for verification to the competent Scrutiny Committee. The Scrutiny Committee, as such, rejected the caste / tribe claim of the petitioner and further directed cancellation of the tribe certificate of the petitioner issued by the Executive Magistrate, Nashik on 13.01.1987 and confiscated the same. The petitioner has been granted liberty to obtain the tribe certificate from the competent authority and produce the same for verification to the competent Scrutiny Committee.