Gopalnath Babaji Thakur vs. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.3777 OF 2007

Gopalnath Babaji Thakur. ...Petitioner.

vs.

1.The State of Maharashtra & Ors. ...Respondents.

Mr.R.K.Mendadkar, for Petitioner.

Mr.V.A.Gangal, Special Counsel @ Mr.S.S.Deshmukh, Mr.Ashok Gade & Mr.C.R.Sonawane, AGP for Respondents.

CORAM: D.K.DESHMUKH & K.K.TATED, JJ.

DATED: 5th December,2009

P.C.:-

1. The petitioner by this petition challenges the order passed by the Scrutiny Committee dated 28.2.2007 holding that the claim of the petitioner that he belongs to Thakar Scheduled Tribe, is not valid. One of the facts that was recorded by the Scrutiny committee is that on 9.6.2000 the petitioner himself had obtained certificate that she belongs to Thakar, Nomadic Tribe. In our opinion, leaving other aspects of the matter aside, the conduct of the petitioner of taking certificate that he belongs to Thakar Nomadic Tribe dis-entitles him to claim that he belongs to Thakar Scheduled Tribe. The learned Counsel appearing for petitioner submits that the petitioner obtained the certificate showing that he belongs to Thakar Nomadic Tribe because at the relevant time as per the the Government Resolution issued by the Government of Maharashtra Thakar from Sindhudurg District were were included in the list of Nomadic Tribe, and therefore, according to the petitioner, he was justified in taking certificate showing that he belongs to Thakar Nomadic Tribe.

2. In our opinion, the submission is not well founded. After the area restrictions were removed in

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the year 1976, if the petitioner belongs to Thakar tribe though living in Sindhudurg District, he will belong to Scheduled Tribe Thakar and therefore, it was open to him to claim at that time that he belongs to Scheduled Tribe Thakar. It is not the case that the petitioner was forced to take certificate that he belongs to Thakar Nomadic Tribe. In our opinion, therefore, this conduct of the petitioner dis-entitles him to claim that he belongs to Thakar Scheduled Tribe. The committee has also applied affinity test and has considered all relevant aspects and has come to the conclusion that the petitioner does not belong to Thakar Scheduled Tribe. In our opinion, the order of the Scrutiny committee does not call for interference at the hands of this Court in its extraordinary jurisdiction under Article 226 of the Constitution of India. The petition is, therefore, rejected.

(D.K.DESHMUKH, J.)

(K.K.TATED, J.)

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