KUNAL UMRAGOSINGH CHAMARGORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) The petitioner, a minor through his natural guardian has approached this Court being aggrieved by rejection of his claim as belonging to Thakur, Scheduled Tribe at the hands of the respondent No.2-committee at Aurangabad. In view of invalidation of his claim, the petitioner is not held eligible for availing benefits of belonging to a Scheduled tribe and the petitioner apprehends to be deprived of his admission in the College of Engineering at Pune. The respondent No.2-committee has invalidated the claim of the petitioner on 10.08.2018 and the petitioner has approached this Court on 13.08.2018. In view of the urgency expressed by the petitioner and on realising the same, we have taken up the Writ Petition for final hearing. Hence, Rule. Rule made returnable forthwith. Heard finally by consent of parties.

(3.) The claim of the petitioner as belonging to Thakur, Scheduled Tribe was forwarded to the Scheduled Tribe Scrutiny Committee, Aurangabad through the Principal of the institution in which the petitioner was persuading his studies. In support of the claim, the petitioner relied on several documents of his forefathers reflecting the entries of Thakur, in their records, including the record of birth register etc. He also placed reliance on the validity certificates granted in favour of his father, uncle and real paternal aunt and requested the committee to confer the status of Scheduled Tribe upon him as as to enable him to persuade his education from the said category. The petitioner appeared before the committee personally, on receipt of the Report from Vigilance Cell and he also filled in the requisite information as sought in the questionnaire form, about the traditions, customs, rituals, names of gods, goddesses and deities etc. It is claim of the petitioner that the committee did not bother to consider material placed by him before the committee and has mechanically passed impugned order on 10.08.2018 thereby rejecting his claim as belonging to Thakur, Scheduled Tribe.