JUDGEMENT
D. G. Karnik, J. -
(1.)By this petition the petitioner challenges the decision of respondent No. 2 - Caste Certificate Verification Committee, Kokan vibhag, Mumbai (for short, "the Scrutiny Committee") dated 8th December 2006 invalidating the caste certificate of the petitioner as belonging to Beda-Jangam - a scheduled caste under the Presidential notification.
(2.)The documents, copies of which are annexed to the petition disclose that in the school register, the caste of the paternal grandfather of the petitioner, namely Kashinath Mallikarjun Jangam, is shown as "lingayat". He was born on 15th January, 1929 and left the school in the year 1949 studying upto 7th standard. This is the oldest document on record which shows the caste of the petitioner's grandfather to be "lingayat". The school leaving certificate of the petitioner's father, namely Mahesh Kashinath Jangam, also records his caste to be Hindu-Lingayat. He was admitted to the school in the year 1979. Thus, the documentary evidence about the caste of the petitioner's father and petitioner's grandfather is that they belong to the Hindu Lingayat caste.
(3.)Learned counsel for the petitioner however invited our attention to the report of the Vigilance Cell which has reported that as per the home visit and verification of the custom, the petitioner belongs to Beda-Jangam caste. Relying upon the decision in the matter of Madhuri Patil vs. Addl. Commissioner, Tribal development, reported in 1994 AIR SCW 4116, the learned counsel for the petitioner contended that the Vigilance Cell Report is conclusive and no other evidence to contradict favourable Vigilance Cell Report can be looked at. In particular he invited our attention to paragraph 13 (7) of the said decision, which reads thus : "7. In case the report is in favour of the candidate and found to be genuine and true, no further action need be taken except where the report or the particulars given are procured or found to be false or fraudulently obtained and in the latter event the same procedure as is envisaged is para-6 be followed. "
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