KU. PALLAVI D/O NARENDRA Vs. REGIONAL CASTE SCRUTINY
LAWS(BOM)-2017-11-208
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on November 10,2017

Ku. Pallavi D/O Narendra ... Appellant
VERSUS
Regional Caste Scrutiny ... Respondents

JUDGEMENT

R.K.DESHPANDE,J. - (1.) The claim of the petitioner for 'Bhope' Nomadic Tribes-B category of backward class has been rejected by the Divisional Caste Scrutiny Committee at Amravati by order dated 9-12-2011, which is the subject matter of challenge in this petition.
(2.) The petitioner produced before the Committee, the caste validity certificate issued on 25-2-2011 in the name of his real uncle Shri Rajendrakumar Krushnarao Pusadekar validating his claim as 'Bhope', Nomadic Tribe-B category. The committee has commented upon it saying that it is possible that such certificate might have been obtained by illegal means or by producing false documents. It further holds that validity certificate granted by one committee is not binding upon the another committee and it is always open to examine the facts and circumstances of each case and if it has not satisfied with the validity of the claim, to reject it.
(3.) We need not go into the other aspects of the matter dealt with by the committee, as in our view, the committee is bound by the the declaration of the claim for Nomadic Tribe-B category of the uncle Rajendra Krushnarao Pusadekar by it on 25-2-2011. The petitioner has also produced before us the validity certificate issued by the Committee No. 1 at Amravati on 19-11-2016 in the name of Shri Pradip Krishnaro Pusdekar validating claim for Nomadic Tribes-B category. It is not the finding of the committee in respect of validity certificate issued to Rajendra Pusadekar, that it was obtained by fraudulent means or by producing false documents. We also do not find any point to remand the matter back to the Committee, to consider the validity certificate issued in the name of another uncle Shri Pradip Krishnarao Pusdekar and the cousin brother of the petitioner, Shri Ketankumar Pradiprao Pusdekar.;


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