ASHU D/O DATTUJI SHRIRAME Vs. THE SCHEDULED TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE
LAWS(BOM)-2017-11-160
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on November 29,2017

Ashu D/O Dattuji Shrirame Appellant
VERSUS
The Scheduled Tribe Caste Certificate Scrutiny Committee Respondents

JUDGEMENT

R.K.DESHPANDE,J. - (1.) This petition challenges the order dated 8-10-2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur, invalidating the caste claim of the petitioner for 'Mana, Scheduled Tribe', which is an entry at Serial No.18 in the Constitution (Scheduled Tribes) Order, 1950 and cancelling and confiscating the caste certificate dated 2132009 issued by the SubDivisional Officer, Katol, certifying that the petitioner belongs to 'Mana, Scheduled Tribe'.
(2.) Before the said Committee, the petitioner produced total thirtyone documents in support of her claim for 'Mana, Scheduled Tribe'. Out of these documents, the documents at Serial Nos.1, 27 and 30 were the affidavits swornin before the Executive Magistrate, Nagpur and Katol, stating that the petitioner and her blood relatives belong to 'Mana, Scheduled Tribe'. The documents at Serial Nos.3, 20 and 21 were the caste certificates of the petitioner and her blood relatives. In the documents at Serial Nos.4 and 5, the caste of the petitioner was not mentioned. The document at Serial No.10 was the copy of the first page of the servicebook in the name of the petitioner's father. The documents at Serial Nos.14, 16, 18 and 22 were the xerox copies of the caste certificates of the cousin sisters and cousin brother of the petitioner. The document at Serial No.28 was the affidavit of the real sister of the petitioner. In respect of all these documents, the Committee records the finding that none of these documents can be relied upon, as the same are subject to verification and scrutiny by it.
(3.) The Committee considered the documents at Serial Nos.15, 17, 19 and 23, which were the xerox copies of the caste validity certificates issued in the names of the petitioner's cousin sisters Ku. Mohini, Ku. Kusum and Ku. Durga, and the cousin brother Tikaram. The documents at Serial Nos.11 and 13 were also the caste validity certificates issued in the names of Baburao, the cousin uncle, and Jagdish, the real uncle of the petitioner. The Committee holds that these documents cannot be relied upon, as the same were issued as per the decision of the Apex Court in Civil Appeal No.5270 of 2004.;


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