Prafullakumar Dinanath Pathrabe v. State of Maharashtra, through its Secretary, Tribal Welfare Department
2017-07-18
R.K.DESHPANDE, SWAPNA JOSHI
body2017
DigiLaw.ai
JUDGMENT : R.K. DESHPANDE, J. 1. The petitioner claimed admission to Engineering Course in the respondent No. 3 – Institution at Ramtek in the seat reserved for Scheduled Tribe Category. He was granted admission and has also completed the Engineering course. By an interim order, this Court had directed the declaration of the results of the exam of the petitioner. 2. The caste claim of the petitioner for Halba – Scheduled Tribe category was referred to the Scheduled Tribe Caste Certificate Scrutiny Committee at Nagpur, which passed an order on 09.11.2001 thereby invalidating the claim of the petitioner, which is the subject matter of challenge in this petition. 3. Shri N.C.Phadnis, the learned counsel for the petitioner has filed a pursis stating that he is not receiving any instructions from the petitioner in spite of sending notices by Registered Post Acknowledgment Due on the address furnished by the petitioner. He, therefore, reports 'no instructions in the matter'. 4. The order passed by the Scrutiny Committee records the finding that in the School Admission Register extract, the caste of the student's father and real paternal aunt is mentioned as 'Koshti (Halbi) and Halba Koshti respectively on 20.07.1955 and 11.07.1961, that is after 1950. The Committee holds that the documents obtained by the Police Vigilance Cell of the year 1928, 1941, 1942 and 1948 clearly show the caste of the student's cousin grand father and real paternal elder uncle is recorded as 'Koshti'. The documents having probative value negatived the claim of the petitioner for Halba – Scheduled Tribe category. We find that the order is based upon the evidence available on record and we do not find any reason to interfere with the order. The writ petition is dismissed. We cannot prevent the consequences of Section 10 of the Maharashtra Act No. XXIII of 2001 in the light of the judgment delivered by us in Writ Petition No. 3373 of 2002 and connected matters on 17.07.2017. No order as to costs.