VAISHALI SHAMRAJI HEDAOO Vs. STATE OF MAHARASHTRA, THROUGH SECRETARY, MINISTRY OF TRIBAL WELFARE DEPARTMENT, MANTRALAYA
LAWS(BOM)-2017-7-339
HIGH COURT OF BOMBAY
Decided on July 18,2017

Vaishali Shamraji Hedaoo Appellant
VERSUS
State Of Maharashtra, Through Secretary, Ministry Of Tribal Welfare Department, Mantralaya Respondents

JUDGEMENT

R.K. Deshpande, J. - (1.) On the basis of the interim order passed by the Apex Court in the case of State of Maharashtra vrs. Milind Katware, 2001 1 MhLJ 1, the petitioner was issued validity certificate as HalbaKoshti on 19.04.2004. The Apex Court has in the aforesaid decision, reversed the judgment of this Court and it is held that no evidence can let in to establish that 'Koshti' or 'Halba Koshti' are the 'Halba' covered by Entry No. 19 of the Constitution (Scheduled Tribe) Order, 1950. The certificate dated 19.04.2004 issued by the Committee is, therefore, required to be cancelled. However, it does not mean that the petitioner's claim on merits cannot be considered by the Scrutiny Committee. The matter will have to be sent back to the Scrutiny Committee for scrutiny and verification of the caste claim of the petitioner for Halba - Scheduled Tribe category.
(2.) In view of above, the writ petition is allowed and the respondent Committee is directed to scrutinize and verify the caste claim of the petitioner afresh for Halba - Scheduled Tribe category in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, DeNotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2000 (Maharashtra Act No.XXIII of 2001) and Rules framed thereunder. Needless to say that the Committee shall permit the petitioner to file the documents on record in support of its caste claim. The petitioner to appear before the Committee on 28.08.2017. The Committee thereafter to proceed in the matter in accordance with law. No order as to costs.;


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