MANOJ GAVANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who obtained a caste certificate on 24th August 2001 as Thakar, recognized as Scheduled Tribe under the Constitution (Scheduled Tribes Order 1950) has approached this Court on cancellation of the said certificate by the respondent no.2 Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane. The petitioner was recruited to the post of Shikshan Sevak on 21st April 2008 on the basis of the said caste certificate on a post meant for a Scheduled Tribe candidate. On his claim being made to the respondent no.2 Committee for verification, it was rejected by the impugned order dated 23rd March 2015 and this has constrained the petitioner to approach this Court.

(2.) In support of his claim, the petitioner relied upon his caste certificate as well as the School Leaving certificates issued in his favour by the Head Master of the pre primary school, Kalmath, Bazaar peth, Taluka Kankavli, District Sindhudurg by the Head Master High School, Kankavli, District Sindhudurg where the caste is recorded as Hindu Thakar. Apart from his own documents, he relied upon the caste certificate of his father Satyavijay Gavankar issued by the Sub-divisional Officer, Kankavli dated 25th September 2001. An attested copy of School Leaving Certificate in respect of his father issued by the Head Master, Kalmath Bazar Peth No.1 where date of admission is recorded as 10th June 1969 and caste is recorded as Hindu Thakar has also been relied upon.

(3.) We also direct the Committee to consider the validity granted to the said blood relation of the petitioner and also determine its effect on the claim of the petitioner in light of the judgment in case of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1, 2010 6 MhLJ 401.