wp.1633.06
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1633/2006
* Rupesh s/o Nandkishore Varma
Aged about 22 years, occu: Student
R/o Malkapur, Tah.Malkapur
Dist. Buldana. ..PETITIONER
VERSUS
1) Divisional Caste Scrutiny Committee
Amravati Division, Amravati.
2) State of Maharashtra
Through its Secretary
Social Justice & Empowerment Department
Mantralaya, Mumbai-32. ..RESPONDENTS
.
...................................................................................................................
Mr. S.P. Bhandarkar, Adv. for the petitioner
Mr. Geeta Tiwari, Asst. Government Pleader for respondents
----------------------------------------------------------------------------------------------------
CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 27 th
July, 2017
ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)
This petition challenges the order dated 24.08.2004
passed by the Divisional Caste Scrutiny Committee, Amravati Division, Amravati, invalidating the claim of the petitioner for 'Sonar' OBC category.
::: Uploaded on - 31/07/2017 ::: Downloaded on - 08/08/2017 01:35:04 :::
wp.1633.06 2
2. With the assistance of the learned counsels, we have gone through the order passed by the Scrutiny Committee. The Committee takes into consideration several documents in which there is a prefix 'Marwadi' to caste 'Sonar' contained in the documents. Shri Bhandarkar, the learned counsel appearing for the petitioner has relied upon the Division Bench judgment of this Court in the case of Ku. Neha d/o Ballabhdas Gahalot vs. The Chairman, Caste Scrutiny Committee and others reported in 2006 (3) All MR 175, in which it is held that the prefix 'Marwadi' to the word 'Nai' does not make the petitioner ineligible for validating her caste claim. It holds that it indicates the geographical region to which the petitioner's family belonged.
3. Merely because there is a prefix 'Marwadi' to the caste 'Sonar' shown in the documents, by itself, is not enough to invalidate the claim. From the order impugned, we do not find that the Committee has applied affinity test to find out as to whether the petitioner satisfies the traits, characteristics, customs and other ethnic linkages with 'Sonar' recognized OBC category. The petitioner has also placed on record the validity certificate issued in the name of one Vishal Ramkaram Varma. There is no finding as to the relationship of the petitioner with such ::: Uploaded on - 31/07/2017 ::: Downloaded on - 08/08/2017 01:35:04 ::: wp.1633.06 3 candidate in whose favour the caste validity certificate has been issued.
4. In view of the aforesaid position, we allow this Writ Petition and quash and set aside the order dated 24.08.2004 passed by the Divisional Caste Scrutiny Committee, Amravati, remand the matter back to the said Committee for decision afresh in accordance with law, by following the procedure prescribed under the relevant Rules. The petitioner shall be at liberty to place any other documents before the Committee in support of his claim.
5. The petitioner to appear before the Committee on 11th th September, 2017. The Committee to decide the claim within a period of six months thereafter. No fresh notices shall be issued to the parties.
6. Rule made absolute in the aforesaid terms, with no order as to costs.
JUDGE JUDGE
sahare
::: Uploaded on - 31/07/2017 ::: Downloaded on - 08/08/2017 01:35:04 :::