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Showing contexts for: Bhamta in Pratik S/O Ashoksing Rawat vs The State Of Maharashtra, Through ... on 2 May, 2022Matching Fragments
Sr. Names Relation Documents Date Caste.
No. with the and
petitioner Certificates
1 Ashok Singh Father School 28/06/1963 Rajput
Rawat Leaving
Bhamta
Certificate (Date of
Admission)
2 Ashok Singh Father Caste 01/09/1981 Rajput
Rawat Certificate
Bhamta
3 Jagganathsingh Grandfather Abstract of 10/09/1950 Bhamta
Gangusingh Admission (Date of
Rajput
Sahab Cancel Admission)
Register
4 i)Ramnath Petitioner's 7/12 Extract 1968-69 Caste not
Gangusingh paternal side mentioned
ii)Jagganath relatives
Gangusingh
iii)Badrinath
Gangusingh
iv)Kashinath
Gangusingh
v)Eknath
Gangusingh
5 Gangusingh Great Abstract of Date not Rajput
Moonsingh Grandfather Field Book of mentioned
Bhamta
Survey No.
62 of Tahsil
Office,
Nanded
6 Deepak Uncle Caste 06/04/2004 Rajput
Kashinathsingh Validity Bhamta
Rawat Certificate
7 Rajansingh Uncle (Elder School 20/06/1960 Rajput
Jagannathsingh brother of Leaving Bhamta
Rawat the Certificate.
petitioner's
father)
wp 2886-2019.odt
8. We have heard learned Counsel for the parties at length. Perused genealogy and documents placed on record. In view of the Government Resolution dated 21/11/1961, 'Rajput Bhamta' is notified as Nomadic Tribe. Considering that, as cut off date, there are documents prior to cut off date on record in respect of blood relatives of the petitioner. There is extract of admission cancel register of grandfather of the petitioner dated 10/09/1950 wherein his caste is shown as 'Bhamta Rajput'. There is one school leaving certificate of uncle Rajnathsing Rawat of the petitioner dated 20/06/1960 showing his caste as 'Rajput Bhamta'. Apart from this, there is caste validity certificate issued by the Caste Scrutiny Committee in respect of the uncle Deepak Rawat, showing his caste as 'Rajput Bhamta'. If genealogy of the family is not in dispute and caste certificate has been issued to close paternal relations, claim wp 2886-2019.odt of other close relations must be upheld. The Scrutiny Committee invalidated the claim on the ground that the caste 'Rajput Bhamta' is written in different ink and handwriting in respect of documents pertaining to Gangusingh Moonsing Rajput Bhamta and Ashoksing. It is held by the Scrutiny Committee that the school leaving certificate in respect of grandfather of the petitioner, the caste is mentioned as 'Bhamta Rajput' against column of caste. Observing that there is no such caste 'Bhamta Rajput' and it is 'Rajput Bhamta' discarded the document. The said certificate shows that the date of admission is 10/09/1950, thus caste is recorded in the year 1950. The caste claim is also invalidated on the ground that the petitioner has not proved his affinity and linkage towards 'Rajput Bhamta' (VJ). While invalidating the claim of the petitioner, the Caste Scrutiny Committee failed to appreciate that in respect of uncle of the petitioner Aurangabad, Bench of this Court concluded this issue. Similar objections were raised by the Committee while invalidating the claim of the uncle Deepak of the petitioner in Writ Petition No. 4755/2003. Petitioner wp 2886-2019.odt relied on same documents on which the present petitioner is relying. This Court observed in paragraph No.7 as under :
8. In such circumstances, there was no reason for the Scrutiny Committee to doubt the petitioner's caste, Rajput Bhamta (V.J.). We have already seen that, there is no reason to doubt the genuineness of all these documents. Therefore, the Scrutiny Committee was wrong in holding that, the petitioner did not belong to Rajput Bhamta (V.J.). The impugned order is manifestly illegal and, as the same resulted in failure of justice, our interference is called for in exercise of Art. 226 of the Constitution of India.
Attempt was made to show that petitioner could not establish, with satisfactory evidence that he belongs to Rajput Bhamta (V.J.). The petitioner has produced on record voluminous documentary evidence, which is classified and consider as under :
(i) The petitioner, in order to substantiate his case that he belongs to Rajput Bhamta (V.J.) has produced on record his caste certificate, sworn statement and school leaving certificate.
(ii) From the extract of school admission register, issued by the Headmaster, Gandhi Rashtriya Vidyalaya, Nanded, dt.1.7.1950, it is seen that the caste of petitioner's father is shown as Rajput Bhamta.