AMIT GANESH THAKUR MINORS, THROUGH MOTHER AND NATURAL GURDIAN Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY, HIGHER EDUCATION DEPARTMENT

JUDGEMENT

(1.) The petitioners, real brothers and claiming to be belonging to Thakur, a notified Scheduled Tribe, are aggrieved by the invalidation of their claim by the Scheduled Tribe Scrutiny Committee at Nandurbar. The petitioners being desirous of securing admission to an Engineering Degree Course appeared for the Common Entrance Test (CET) conduced by the Commissioner and Competent Authority State CET Cell, Mumbai-respondent No.3 and claimed a seat reserved for Scheduled Tribe Category. They were permitted to participate in the admission process and were granted admission in the respondent No. 4 and 5 College respectively. In view of the urgency expressed by the petitioners, we have taken up the petition by consent of parties for final hearing. Hence, Rule. Rule made returnable forthwith. N.S. Kamble.

(2.) We have heard the learned counsel for the petitioner Shri. Mendadkar along with Shri. Chintamani K. Bhangoji appearing for the petitioner and Shri. S.B. Kalel, learned Assistant Government Pleader appearing on behalf of the State as well as the respondent No.2-Committee.

(3.) The petitioners, being desirous of prosecuting his studies in Engineering Degree Course, obtained a Caste Certificates belonging to Thakur, Scheduled Tribe and their claim came to be referred to the respondent No.2, Scheduled Tribe Certificate Scrutiny Committee, Nandurbar for its verification. In support of the claim staked by the petitioners, they placed reliance on several documents belonging to their grandfather and cousin grandfather reflecting the caste as Thakur as early as in the year 1951 and 1968. The petitioners also placed reliance on a caste validity certificate issued by Scheduled Tribe Caste Scrutiny Committee, Aurangabad on 22.09.1994 in favour of their cousin uncle. Shri. Mendadkar would heavily rely upon the judgment of this Court in case of Apoorva D/o. Vinay Nichale Vs. Divisional Caste Scrutiny Committee No.1 and Ors, 2010-6-MLJ-401.