Bombay High CourtCAW/345/2020admittedallwdgrantedrule absolute

Prakash S/O Mahadeo Chimurkar v. Schedule Tribe Certificate Scrutiny Committee, Nagpur Through Chairman And Another

2020-03-03Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Amit B. Borkar2 pages

904.WP785.20 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO.345/2020 IN WRIT PETITION NO.785/2020 Prakash Mahadeo Chimurkar Vs.

Schedule Tribe Certificate Scrutiny Committee and another. ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Shri S. P. Bhandarkar, Advocate for the petitioner. Shri A. S. Fulzele, Additional Government Pleader for respondent No.1.

Ms. Mugdha Chandurkar, Advocate for respondent No.2. CORAM : R.K. DESHPANDE & AMIT B. BORKAR, JJ.

DATED : 3rd MARCH, 2020.

Civil Application for amendment is allowed.

2] Necessary amendment be carried out within a period of one week from today.

3] Issue notice for final disposal of the matter, returnable on 28.04.2020.

4] Learned Additional Government Pleader waives service of notice for respondent No.1. 5] Learned Counsel waives service of notice for respondent No.2.

6] The caste claim of the petitioner for "Halba" Scheduled Tribe has been invalidated on the ground that

904.WP785.20 .odt one document is found in which the caste is recorded as "Koshti". However, perusal of the document shows that there is no such entry as "Koshti". The another document is of 01.07.1903, which is Primary School Leaving Certificate, in which the caste of the Great Grandfather of the petitioner is recorded as "Halba". The document is having probative value. All the other documents which are produced on record indicate the caste of the petitioner and his blood relatives is "Halba".

7] The petitioner has received the order of termination on 28.01.2020. The same shall remain stayed. JUDGE JUDGE RGurnule