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1] Called out from final hearing Board. Heard finally by consent.

2] The petitioner who is stated to be belonging to "Rajput Bhamta" as per the caste certificate, has challenged order dated 18.2.2005 passed by respondent no.2, the Scrutiny Committee, Amravati Division, Amravati, whereby her caste certificate is invalidated. That resulted into termination of her service in the year 2006 by orders dated 23.12.2005 w.e.f. 9.1.2006. Therefore, Writ Petition. The respondents resisted the same by filing reply dated 4.10.2006.

WP.1636.06

(a) father's service record shows and mentions the caste as "Rajput Bhamta", merely because the original service record could not be placed on record,

9] In the present case, some doubt is raised about the father's service record also, but the fact of service record as noted by vigilance cell report remained intact. Petitioner's cousin brother's certificate of "Rajput Bhamta" just cannot be overlooked. Therefore, in the society such certificates and recorded caste of "Rajput Bhamta"

of father and/or cousin and/or uncle cannot be different than the petitioner. The effect of the impugned order is that the Scrutiny Committee declared petitioner as not belonging to "Rajput Bhamta".

WP.1636.06 In the same society or community, therefore, petitioner and/or her generation hereinafter required to be treated as per the impugned order not belong to "Rajput Bhamta" (Vimukta Jati caste). The father and cousin, however, as recorded above have been recognized as "Rajput Bhamta" in the society. Those certificates are kept intact and there is no case of fraud and/or misrepresentation even against them.