Niraj Vs.
State of Maharashtra & Ors. [2010] INSC 479 (11 June 2010)
Judgment
IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7127 OF
2008 NIRAJ Appellant(s) :VERSUS: STATE OF MAHARASHTRA AND ORS. Respondent(s)
O R D E R
Heard the
learned counsel for the parties.
Appellant
feeling aggrieved and dissatisfied with the order dated 21.2.2006 passed by the
Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad,
in W.P. No.86/2005, is before us challenging the same.
During
the pendency of the matter before this Court, on account of certain
developments that have taken place, appellant has filed an interlocutory
application for taking additional documents on record. The said documents are:
Certificates of Validity, issued by the Scheduled Tribe Scrutiny Committee in
favour of the appellant's father Wadikar Maroti Rukmaji showing him belonging
to "Mahadev Koli" - a notified Scheduled Tribe.
Similarly,
there is yet another certificate issued in 2 favour of the appellant's real
brother.
The
appellant has not been found to be belonging to the Scheduled Tribe:
"Mahadev Koli" by The Committee for Scrutiny & Verification of
Tribe Claim, Aurangabad, on the strength of various documents which were
available with the said Committee.
It has
not been disputed before us that the appellant had secured admission in
Engineering College on the strength of the certificate issued by the Scheduled
Tribe Certificate Scrutiny Committee and has completed his course in Computer Science
during the pendecy of the present appeal.
In the
light of the certificates, issued in favour of the appellant's father and
brother, describing them as belonging to Scheduled Tribe category:
"Mahadev Koli", it is inconceivable to believe that the appellant is
not belonging to the said caste.
But
learned counsel appearing on behalf of the respondents has vehemently opposed
it and submitted that it would be in the fitness of things, if matter is
remitted to The Committee for Scrutiny & Verification of Tribe Claim,
Aurangabad, for fresh decision on merits in 3 the light of the aforesaid
documents and in accordance with law. We accordingly do so as the suggestion
made by him is reasonable and appropriate.
Keeping
in mind that the matter is old and pertains to the career of the appellant, it
is desirable that it should be heard and disposed of in accordance with law at
an early date by the Committee.
Parties
agree that they would appear before the said Committee on 7th July, 2010 and
would participate in further proceedings. The said Committee would endeavour to
record its findings at an early date and preferably within a period of two
months from the date of communication of this order.
With the
aforesaid direction, this appeal stands finally disposed of.
....................J (DEEPAK VERMA)
....................J (K.S. RADHAKRISHNAN)
New Delhi;
June 11, 2010.
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