LAWS(BOM)-2018-7-30

YELLAPPA MARUTI SHIRAGE Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY, TRIBAL DEVELOPMENT & SOCIAL JUSTICE & SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI

Decided On July 04, 2018
Yellappa Maruti Shirage Appellant
V/S
State Of Maharashtra Through Its Secretary, Tribal Development And Social Justice And Special Assistance Department, Mantralaya, Mumbai Respondents

JUDGEMENT

(1.) The Respondent No. 2 - Scheduled Tribe Caste Validity Verification Committee (for short, 'the Scrutiny Committee') vide impugned order dated 14th May 2013 invalidated the tribe claim. As such, this Petition.

(2.) The Petitioner claims to be belonging to 'Koli Mahadev Scheduled Tribe'.

(3.) The Respondent No.3, in whose employment the Petitioner is from last more than 30 years referred the tribe claim for verification. The Petitioner in support of his tribe claim, claimed to have produced substantial piece of evidence along with an Application dated 8th February, 2011 demonstrating that his blood relations are belonging to 'Koli Mahadev Scheduled Tribe'. According to him, some of his relations whose tribe entries are relied on are prior to independence era which were not taken into account by the Respondent No.2 - Scrutiny Committee. The Petitioner would rely upon the explanation tendered by him to the Vigilance Cell Report served on him by Scheduled Tribe Certificate Scrutiny Committee, Pune, wherein he has given familytree. According to him, the Scrutiny Committee in ignorance of said familytree and preindependence era document, has negated his tribe claim.