Manoj Ramrao Telkatwar v. State Of Maharashtra And ORS

( 1 ) 219 wp 5378.99

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 219 WRIT PETITION NO. 5378 OF 1999 MANOJ RAMRAO TELKATWAR

VERSUS

STATE OF MAHARASHTRA AND ORS ...

Advocate for Petitioner : Mr. D.P. Dewalkar AGP for Respondents/State : Mr. P.S. Patil ...

CORAM : S.V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE :

12.09.2017 P.C. :- .

The petitioner assails the judgment and order passed by the Scrutiny Committee invalidating the tribe claim of the petitioner as belonging to 'Tirmal Nomadic Tribe'. The learned counsel for the petitioner submits that the committee did not consider the school record of the petitioner which records caste as 'Tirmal'. The learned counsel submits that, though, the service book of the father of the petitioner records 'Teli' (OBC) caste still that is not a conclusive proof. According to the learned counsel, the relevant aspects are required to be considered. The original school record of the petitioner would unequivocally prove that the petitioner belongs to 'Tirmal' (N.T.). Even the school record of brother of the petitioner records the caste as 'Tirmal' and these aspects

( 2 ) 219 wp 5378.99 are not considered.

2.

The learned A.G.P. states that even the tribe certificate of the real brother of the petitioner is invalidated and this Court has confirmed the said order in writ petition no. 3959/1995 under the judgment and order dated 09.08.2004.

3.

We have considered the submission. The father of the petitioner is literate and well educated. His service book record's caste as 'Teli' (OBC). The basic documents are against the petitioner, moreover, even the caste certificate of the real brother of the petitioner has been invalidated and the same has been confirmed by this Court under order dated 09.08.2004 in writ petition no. 3959/1995. 4.

In light of the above, no case for interference is made out. Writ petition is dismissed. Rule discharged. No costs. [MANGESH S. PATIL, J.] [S.V. GANGAPURWALA, J.] mub