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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1138 OF 2002
Atulsingh Bhagwansing Rajput,
aged about 20 years, C/o. Shri B.D.
Rajput, Ambika Niwas, Shivshankar
Nagar,Chikhali Road, Buldhana,
Tah. And Distt.Buldhana ...... PETITIONER
...VERSUS...
1. The State of Maharashtra,
through its Secretary,
Social Welfare Department
Mantralaya, Madam Cama Road,
Mumbai-400 032.
2. The Divisional Caste Certificate
Verification Committee, Amravati
Division, Amravati. RESPONDENTS
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Shri Adwait Manohar, Advocate for Petitioner.
Shri S.M.Ukey, Addl.. Govt. Pleader for Respondents 1 and 2
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CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
th DATE : 18 JULY, 2017 .
ORAL JUDGMENT (Per DESHPANDE, J) 1] The challenge in this petition is to the order dated 10.12.2001 passed by the Divisional Caste Certificate Scrutiny Committee, Amravati, invalidating the caste claim of the petitioner for Rajput Bhamta (Vimukta Jati-A). The claim of the petitioner was forwarded to the said Committee for ::: Uploaded on - 20/07/2017 ::: Downloaded on - 22/07/2017 00:07:35 ::: 2 wp1138.02.odt seeking admission in educational institution. 2] Heard Shri Adwait Manohar, the learned counsel for the petitioner and Shri Ukey, the learned Additional Government Pleader for respondents.
3] With the assistance of the learned counsels, we have gone through the order impugned in this petition. The Committee has acted upon certain documents procured by the Police Vigilance Cell to invalidate the caste claim of the petitioner. The petitioner has produced abut 23 documents on record which included the order dated 14.04.1990 passed by the District Magistrate, Buldhana, and order dated 02.01.1986 passed by the Commissioner, Amravati, in respect of forefathers of the petitioner, holding that they belong to Rajput Bhamta. It is not in dispute that the copies of the documents obtained by the Police Vigilance Cell were not supplied to the petitioner, which is the specific ground raised by the petitioner in this petition. 4] In view of above, the order passed by the Scrutiny Committee being based upon the documents which ::: Uploaded on - 20/07/2017 ::: Downloaded on - 22/07/2017 00:07:35 ::: 3 wp1138.02.odt were not supplied to the petitioner, the same cannot be sustained and it will have to be set aside with an order of remand.
5] In the result, the writ petition is allowed. The order dated 10.12.2001 passed by the Divisional Caste Certificate Scrutiny Committee, Amravati, is hereby quashed and set aside. The matter is remitted back to the said Committee to decide the caste claim of the petitioner afresh in accordance with law. The petitioner to appear before the Committee on 28.08.2017. No order as to costs.
JUDGE JUDGE
Rvjalit
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