- (1.) Delat condoned. Leave granted. The appellant is working in the establishment of the Registrar, Industrial Court, Maharashtra, Mumbai. His, case was referred to the Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur for verification of his tribe claim as Halba Scheduled Tribe community, by a letter dtd. 25/1/2006.
(2.) IN order to verify the claim of the appellant, the Screening/Scrutiny Committee conducted an inquiry through the Police Vigilance Cell, which had also recorded the statement of the appellant's nephew on 7/8/2006 regarding the socio-cultural traits, characteristics and customs, which did not seem to match those of Halba Scheduled Tribe. The copy of the said report being served on the appellant, he disagreed with the same and subsequently, the Scrutiny Committee directed him to appear before it on 18/1/2007. When the matter was taken up for consideration by the Committee, the appellant indicated that he was withdrawing his claim as Halba Scheduled Tribe, but that he should be given the benefits of belonging to Koshti Special Backward Category since in the meantime, an amendment had been made with regard to the categorisation of Halba Scheduled Tribe and Koshti Special Backward Classes. On the basis of the said submissions, the Screening Committee cancelled the certificate granted to the appellant by the Executive Magistrate, Nagpur on 22/8/1980.
(3.) Aggrived by the said order the appellant moved the High Court in its writ jurisdiction where apart from challenging the cancellation of the certificate granted to him, the appellant also prayed that he be given the benefits of belonging to the Special Backward Classes on account of his belonging to the Koshti community. The writ petition having been dismissed, the appellant has filed the special leave petition (now appeal) which is now being heard.;