Director Of Tribal Welfare, Government ... vs Laveti Giri And Another on 18 April, 1995
11. Though, the learned counsel for the petitioner
referring to the decision of apex Court in Ku. Madhuri Patil's
case (supra), particularly Para 5 and 6 thereof, has contended
that the Committee has not conducted its proceedings strictly in
accordance with the directions of the apex Court, however, we
do find any substance in this plea because a perusal of order
dated 22.10.2016 passed by the Committee clearly reveals that
the information with regard to caste and domicile status of the
petitioner was procured from all sources including revenue
officials and senior police officials. Apart this, the petitioner
was given opportunity to explain as to how he had procured
certificate dated 27.7.2003, however, he miserably failed to
offer any plausible explanation in that regard. As held by the
apex Court in Director of Tribal Welfare, Govt. of Andhra
Pradesh vs. Laveti & another, (1995) 4 SCC 32, the burden to
prove that the certificate with regard to caste is genuine, is
always on the candidate. The fact remains that the certificates
with regard to birth-place, caste, etc. submitted by the petitioner
along with his reply have all been procured after the
9 W.P. No.1146/2017
commencement of the inquiry by the Committee. One
document which inspires confidence and prevailed upon the
Committee and which equally commends us, is the certificate,
which was filed by the petitioner at the time of his admission in
MBBS Course and which has been issued on 28.4.2008 by
Additional Collector, Sagar, wherein the residence of petitioner
with his parentage, is clearly stated as Devri (Patharia), Tehsil
Devri, District Sagar. Needless to state that though the
certificate was issued stating that Bhagwandas @ Bhagwani
(maternal grandfather of the petitioner) resident of Karrapur,
Sagar is a freedom fighter, however, in the subsequent
paragraphs, the entries including name, parentage, and
residence are with regard to the petitioner and the certificate
was procured by the petitioner to demonstrate that he is
grandson of Bhagwandas @ Bhagwani.