Dismissed

Manojkumar Basavanappa Koli v. State of Maharashtra and Others

Bombay HC29 Jun 2015WP/3250/1999

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the refusal of the Scheduled Tribe Certificate Scrutiny Committee to recognize the petitioner's caste as Koli Mahadeo. The court dismissed the petition, finding the committee's decision correct due to the absence of pre-1950 original documents.

What did the court decide?

The writ petition was dismissed and the impegued order was upheld.

Manojkumar Basavanappa Koli Vs State of Maharashtra… — Education and Admissions | Bombay HC (2015)

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( 1 ) wp3250.99

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 3250 OF 1999

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Manojkumar s/o. Basavanappa Koli

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..Petitioner

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Versus

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The State of Maharashtra & Ors.

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..Respondents

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Mr. V.D. Salunke, Advocate for the petitioner.
Mr. S.K. Kadam, A.G.P. for respondent Nos. 1 & 2.
Mr. P.S. Patil, Advocate for respondent No.3.

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CORAM : A.V. NIRGUDE &
A.M. BADAR,JJ.
DATED :29.06.2015

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P.C. :-

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1.Heard. This petition challenges judgment and
order dated 07.06.1999 passed by the Scheduled Tribe
Certificate Scrutiny Committee, Nashik. On the day of
filing of the petition, the petitioner was a student. He
was about to appear for a competitive examination for
professional courses like Engineering, Medical etc. In
anticipation of this, he sent his Tribe Certificate for
verification and the impugned judgment and order held
that the petitioner did not prove his case that he
belonged to Koli Mahadeo - Scheduled Tribe. The
petitioner did not have any documents of pre 1950
original in which the petitioner or his family members'

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caste was shown to be Mahadeo Koli. The petitioner did
submit school record of his father and uncle. This record
was maintained by school authorities in their ordinary
course of business. The caste of the petitioner's father
and uncle recorded in school registered was Koli
(Kanadi). The petitioner, however, mentioned his caste at
the time of taking admission to primary school as Koli
Mahadeo. The Members of the Committee held that due to
lack of evidence, mainly documents of pre 1950 origin,
the petitioner's claim appeared to be after thought. The
petitioner also placed reliance on validity certificate
granted to one of his relatives by name, Dayanand. We
perused the affidavit filed by Dayanand in support of
petitioner's case and found that Dayanand is not blood
relative of the petitioner. We are, therefore,
constrained to observe that Dayanand's certificate will
make no difference to the petitioner's case.

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2.In addition to this, there was one more
reference on which the petitioner could have placed
reliance. This was his own father's caste validity
certificate. During pendency of this petition, it was
brought to the notice of the Court that the petitioner's
father's claim was remanded to Scrutiny Committee and the
Court observed that the decision of father's case would
be relevant. But the petitioner failed to produce before

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us the judgment and order passed by the Scrutiny
Committee in his father's case.

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3.The impugned judgment and order, thus, appears
to be correct. The petition should, therefore, fail.
Hence, the writ petition is dismissed. Rule discharged.

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snk/2015/JUN15/wp3250.99

Manojkumar Basavanappa Koli v. State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Manojkumar Basavanappa Koli v. State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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