Kavita vs State and Others

Heard Mr. Anand Parchure, Adv. for the Petitioner and Mr. N.W. Sambre, Government Pleader for the Respondent Nos. 1, 2 and 4. This Writ Petition is directed against the order passed by the Respondent No. 2/Scheduled Tribe Certificate Scrutiny Committee, Amravati dt. 20.2.2008 whereby the caste claim of the petitioner came to be invalidated. Considered the rival contentions. Perused the impugned order. Perusal of the impugned order shows that the copy of the Vigilance Cell Inquiry Report was served on the petitioner and he was called for hearing before the Committee; however, neither the petitioner personally nor through her agent appeared before the Caste Scrutiny Committee nor submitted any reply to the Vigilance Cell Inquiry Report. Perusal of the order of Caste Scrutiny Committee further reveals that the Vigilance Cell collected the document dt. 18.10.1956 i.e. extract of School entry in respect of father of the petitioner, wherein caste of father of the petitioner is mentioned as "Koshti". Similarly, the another document collected by the Vigilance Cell further shows that the petitioner does not belong to "Halba" Scheduled Tribe. Petitioner also failed to establish affinity with the "Halba" Scheduled Tribe. In the circumstances, the conclusion arrived at by the Caste Scrutiny Committee is just and proper and needs no interference. Hence, the Writ Petition is dismissed.