Gajanan S/O Pandurang Ghawat v. Scrutiny Committee For Verification Of Scheduled Tribe Certificate, Thr. Director, Amravati

924jud wp 2627.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION (WP) 2627/2022 Gajanan s/o Pandurang Ghawat, Aged about 52 years, Occ. Service R/o. Ghussarwadi, Post. Mathodi, Tq & Dist-Akola ..... PETITIONER // VERSUS // 1.

Scrutiny Committee for verification Of Scheduled Tribe Certificate, Amravati, through its Dy. Director.

2.

Divisional Controller, Office of Divisional Controller, Maharashtra State Road Transport Corporation, Akola Division, Akola .... RESPONDENT(S) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.R. Saboo, Advocate for the petitioner Mr. N.S. Rao, AGP for respondent 1 Mr. P.S. Gawai, Advocate for respondent 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM :ROHIT B. DEO AND M. W. CHANDWANI, J.J.

DATED : 19/07/2023 ORAL JUDGMENT : (PER:- ROHIT B. DEO, J.) Heard. Rule. Rule made returnable forthwith by consent of the learned Counsel for the parties.

2.

The petitioner is assailing the order dated 09.03.2022 rendered by the respondent 1 (Scrutiny Committee) whereby the Caste SM Gate

924jud wp 2627.2022.odt Certificate of the "Koli Mahadev" (Scheduled Tribe), which the petitioner secured from the Executive Magistrate, Akol is invalidated. 3.

The Scrutiny Committee has noted that the only pre-constitutional document is the birth entry dated 24.09.1939 in which the grandfather of the petitioner is recorded as belonging to "Koli", which is Other Backward Class.

4.

The Scrutiny Committee then noted the statement dated 25.05.2017 of the petitioner, in which there is a candid and honest admission that the petitioner as a fact belongs to "Koli" caste. 5.

The Scrutiny Committee has also rejected the claim by applying the affinity test. However, we are not required to delve deeper in the said aspect, inasmuch as we are more than satisfied that in view of the undisputed pre-constitution document and the admission of the petitioner, the Scrutiny Committee was absolutely right in rejecting the claim.

6.

The writ petition is dismissed.

(M. W. CHANDWANI, J.) (ROHIT B. DEO J.) SM Gate