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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.6170 of 2004
Rekha d/o Laxminarayan Thakur
alias Rekha w/o Ashok Gupta,
Aged about 40 years,
Occupation - Service,
R/o Main Road,
Gandhi Chowk,
Bhandara. ... Petitioner
Versus
1. The Government of India,
Ministry of Steels and Mines,
Shastri Bhawan, New Delhi,
through its Secretary.
2. The Dy. Director (R) & Member,
Secretary Schedule Tribes, Caste
Certificate Scrutiny Committee,
Adivasi Vikas Bhawan,
Opp. R.T.O., Giripeth,
Amravati Road, Nagpur.
3. The Director (G) (SG) & O.I.C.
(Vigilance), Geological Survey
of India, Central Region,
Nagpur. ... Respondents
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Shri P.S. Chawhan, Advocate for Petitioner.
Smt. Mugdha Chandurkar, Advocate for Respondent Nos.1 and 3.
Shri S.M. Ukey, Additional Government Pleader for Respondent
No.2.
Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.
th Dated : 26 July, 2017 Oral Judgment (Per R.K. Deshpande, J.) :
1. This petition can be disposed of on the short ground of inconsistency in the findings recorded by the Police Vigilance Cell in its enquiry report submitted under the covering letter dated 8- 2-2002 and in the order passed by the Scrutiny Committee considering this report of the Police Vigilance Cell.
2. The transfer certificate relied upon is dated 2-2-1962 in the name of Laxminarayan Ramaswaroop Thakur, the father of the petitioner, issued by Sule High School, Nagpur, showing his caste as 'Bhunjiya', entered while admitting him in the School on 2-7-1945. The certificate bears Register No.3773, and the Police Vigilance Cell report shows that such entry is in ::: Uploaded on - 27/07/2017 ::: Downloaded on - 08/08/2017 01:42:36 ::: 3 wp6170.04.odt the name of Ashok Gupta, resident of Bhandara. The finding of the Scrutiny Committee is that the entry at serial No.3793 in the School Admission Register is in the name of one Maroti Jyotirao Gajbhiye. Thus, there is total inconsistency in respect of the vital document. The finding recorded by the Scrutiny Committee cannot, therefore, be sustained and the matter will have to be sent back to it for re-verification.
3. In view of above, the petition is allowed. The order passed by the Scrutiny Committee on 30-6-2004, is hereby quashed and set aside. The matter is remitted back to the said Committee to make an enquiry afresh in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and the rules framed thereunder. The petitioner to appear before the Scrutiny Committee on 29-8-2017. The Committee shall permit the petitioner to place the additional documents, if ::: Uploaded on - 27/07/2017 ::: Downloaded on - 08/08/2017 01:42:36 ::: 4 wp6170.04.odt any, on record in support of her claim as belonging to the tribe in question. The Committee to decide the matter within a period of one year thereafter.
4. Rule is made absolute in above terms. There shall be no order as to costs.
JUDGE. JUDGE.
Lanjewar
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