Keshaorao Krishnarao Bokade v. Scheduled Tribes Caste Certificate Scrutiny Committee, Nagpur
2017-07-18
R.K.DESHPANDE, SWAPNA JOSHI
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DigiLaw.ai
JUDGMENT : R.K. DESHPANDE, J. 1. The challenge in this petition is to the order dated 18.11.2002 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nagpur, invalidating the claim of the petitioner for Halba – Scheduled Tribe category. 2. None appears for the petitioner. Heard the learned Assistant Government Pleader for Respondents. 3. We have gone through the order passed by the Committee with the assistance of the learned Assistant Government Pleader. We do not find even a single document pertaining to the period prior to 1950 having probative value showing that the petitioner or his blood relatives belong to Halba – Scheduled Tribe category. 4. The petitioner has filed about 32 documents on record of the Committee. In most of the documents, the caste is not mentioned. In some of the documents it is mentioned as 'Halba", whereas, in some of the documents, it is mentioned as "Koshti'. The document in which the caste 'Koshti' is recorded is of 04.07.1955 and it is the School Leaving Certificate extract in the name of the candidate. The Committee has applied affinity test to reject the documents. The Committee also considered the document at Sr.No.18 which is the validity certificate in the name of one Lata Bhayyaji Bokade and it is held that the petitioner has failed to establish his relationship with her. All other documents are of post independent era and the Committee appears to have taken a possible view of the matter to reject the claim for Halba – Scheduled Tribe. We do not find any perversity in recording such finding by the Committee. The writ petition is dismissed. No order as to costs.