RUTA RAMESH GANGAVANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) The petitioner, who has obtained a caste certificate on 7 th September 2001 as belonging to Thakar, a Tribe recognized as Scheduled Tribe, is aggrieved by the order passed by the Respondent No.2 Scheduled Tribe Certificate Scrutiny Committee, on 23rd March 2015 thereby invalidating the caste certificate. The petitioner is presently working on the post of Assistant Teacher in the School run by the Zilla Parishad and allege that inspite of remand of the matter by this Court, to be decided in light of the directives issued in case of Madhuri Nitin Jadhav Vs. State of Maharashtra, 2014 4 BCR 753, the Committee has invalidated the claim of the petitioner on erroneous grounds and without taking into consideration the settled legal position as regards the Thakur/Thakar, Scheduled Tribe.

(3.) The petitioner has placed on record an additional affidavit dated 12th June 2019. Along with the said affidavit she has placed on record the copy of the Vigilance Cell which has conducted the home inquiry and has also brought on record the genealogy tree. Along with the affidavit, the petitioner has also brought on record the fact that two of her blood relatives i.e. Yugandhara Vasant Gangavane and Sujit Suresh Gangavane belonging to the other branch of Gangavane family and who are clearly traced to be the blood relations of the petitioner are declared by this Court to be belonging to Thakar Scheduled Tribe which finds place at Entry No.44 of the Scheduled Tribe Order 1950. Copies of the judgments delivered by this Court in Writ Petition No.5171 of 2015 (Yugandhara Vasant Gangavane dated 10th November 2017 and Writ Petition No.299 of 2008 (Sujit Suresh Gangavane Vs. State of Maharashtra) are placed on record along with the said affidavit.