RAJESH YADAVRAO SHANKPALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Writ Petition under Article 226 of the Constitution, the petitioner seeks to challenge the order of the Scrutiny Committee dated 28th March, 1988 by which the Scrutiny Committee came to the conclusion that the petitioner does not belong to Mahadeo Koli, Scheduled Tribe and, accordingly, his claim came to be invalidated. The decision of the Scrutiny Committee has since been upheld by the Appellate Authority also vide Judgment dated 30-3-1983 in Caste Appeal No. 130/1988.

(2.) THE facts giving rise to this Writ Petition, briefly, are as follows :-

(3.) ON 5th July, 1982 a Caste Certificate came to be issued by Taluka Executive Magistrate in favour of Madhav Yadavrao Shankapale (brother of the petitioner herein ). According to that Certificate, Madhav was declared to be belonging to Mahadeo Koli Caste which falls under Scheduled Tribes. That Certificate came to be referred for verification to the Director of Social Welfare, Pune. Pending verification, Yadavrao, father of the petitioner, applied to the Taluka Executive Magistrate and obtained a Certificate on 8th January, 1983 to the effect that he belongs to the caste - Mahadeo Koli. This was in view of the fact that Yadavrao, father of the petitioner, who had joined the Government service as an employee wanted to change the service record in which his name was enrolled on 1st September, 1966. On the date of enrolment, Yadavrao was shown in the service roll as belonging to Koli Caste which falls under O. B. C. On the basis of the said Certificate dated 8th January, 1983 Yadavrao got the entry in the service roll altered from O. B. C. to Scheduled Tribe sometimes in July 1983. On 14th October, 1982 Director of Social Welfare invalidated the Caste Certificate issued by the Taluka Executive Magistrate in favour of the brother of the petitioner herein. Against the said decision of the Director of Social Welfare, Madhav preferred an appeal to the Divisional Commissioner, Aurangabad. In the said appeal Madhav, brother of the petitioner, relied upon the abovementioned service record of his father Yadavrao and on that basis the Appellate Authority overruled the decision of the Director of Social Welfare and validated the claim of Madhav.