Ku. Sankuli D/O Santish Parate v. Committee For Verification Of Tribe Certificate Amravati Through Member Secretary

wp5369.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAW) No.641 of 2020 In Writ Petition No. 5369 of 2019 Ku. Sankuli d/o. Satish Parate

Versus

Committee for Verification of Tribe Certificate, Amravati, through its Member Secretary Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri K.S. Narwade, Advocate for Petitioner.

Shri D.P. Thakare, AGP for Respondent.

CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATED : 28 JANUARY 2021 Perused the application. The petition is pending for admission.

2.

Civil Application for amendment is allowed. Amendment be carried out within a period of one week.

3.

Issue notice to the added Respondent returnable on 18 February 2021.

Wadode

wp5369.19.odt 4.

The learned Counsel for the Petitioner has drawn our attention to the observation of the Scrutiny Committee that the Petitioner has produced documents of his blood relatives prior to 6 September 1950 showing the entry as "Halba and Halbi". However, the Petitioner's claim has been negatived on the basis of area restrictions.

5.

Learned Counsel for the Petitioner states that area restriction cannot be the only ground for invalidation of the caste of the Petitioner and the Petitioner has produced all the cogent evidence. Reply affidavit of the State will be filed in respect of this contention.

6.

In the meanwhile, the Petitioner's education will not be discontinued on the basis of the impugned order.

[ANIL S. KILOR, J.] [NITIN JAMDAR, J.] Wadode