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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1284 OF 2015
Vaibhav Vidyasagar Jadhao,
Aged about : 19 years,
Occ. Student, R/o Khupgaon,
Post - Sav, Tq. and Dist. Buldana. ..... PETITIONER
...V E R S U S...
1. The Divisional Caste Scrutiny
Committee No.2, Akola Division,
Akola.
2. Sub-Divisional Officer,
Buldana, Distt. Buldhana.
3. Anuradha College of Pharmacy,
Through its Principal,
Sakegaon Road, Chikhali,
Dist. Buldhana.
4. Sant Gadgebaba Amravati University,
Through its Vice-Chancellor,
Amravati. ... RESPONDENTS
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Ms. Deepali Sapkal, Advocate for the petitioner.
Shri I. J. Damle, AGP for the respondent Nos.1 and 2.
Shri J. B. Kasat, Adv. for the respondent No.4.
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CORAM:-
SMT. VASANTI A NAIK &
ARUN D. UPADHYE, JJ.
DATED :-
19/06/2017.ORAL JUDGMENT : (Per Smt. Vasanti A Naik, J.) ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:41:02 ::: 2 J-WP-1284-15.odt By this writ petition, the petitioner challenges the order of the Scrutiny Committee dated 20/10/2014 invalidating the claim of the petitioner of belonging to Kunbi caste (Other Backward Class).
The petitioner has secured admission on a seat meant for the Other Backward Classes in the respondent No.3 - College and the caste claim of the petitioner was referred to the Scrutiny Committee for verification. The Scrutiny Committee invalidated the caste claim of the petitioner by the order dated 20/10/2014. The petitioner has challenged the said order in the instant petition.
The learned counsel for the petitioner submitted that the Scrutiny Committee was not justified in rejecting the caste claim of the petitioner without giving due weightage to the old documents of the pre-independence era. it is stated that the caste of the great grand- father of the petitioner was recorded as Kunbi in the oldest documents but without giving due weightage to the said documents, the recent entries recorded in the caste column in some of the documents pertaining to the relatives of the petitioner, the caste claim of the petitioner was invalidated. It is submitted by taking this Court through several documents tendered by the petitioner before the Scrutiny Committee that the caste of the petitioner is Kunbi. It is submitted that though the vigilance report also favoured the petitioner, the Scrutiny ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:41:02 ::: 3 J-WP-1284-15.odt Committee did not consider the same. It is submitted that during the pendency of the writ petition, a caste validity certificate is issued in favour of the cousin of the petitioner by name Krushnaraj. It is submitted that the family tree produced by the petitioner before the Scrutiny Committee would clearly show that Krushnaraj Rajendra Jadhao is the cousin of the petitioner. It is submitted that in the circumstances of the case, a direction may be issued to the respondent - Scrutiny Committee to issue a Caste Validity Certificate in favour of the petitioner.
Shri Damle, learned Assistant Government Pleader appearing for the Scrutiny Committee supported the order of the Scrutiny Committee. It is submitted that the Scrutiny Committee has relied on the entry "Rajput" in some of the documents pertaining to the uncle and the other relatives of the petitioner. It is submitted that since there was a discrepancy in the entries in the caste column in some of the documents tendered by the petitioner, the caste claim of the petitioner was rejected.
Shri Kasat, the learned counsel for the respondent No.4 had nothing much to say in the matter. It is submitted that an appropriate order may be passed on the basis of the material on record. ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:41:02 :::
4 J-WP-1284-15.odt On hearing the learned counsel for the parties and on a perusal of the impugned order as also the documents annexed to the writ petition, it appears that the Scrutiny Committee was not justified in invalidating the caste claim of the petitioner. Though in the documents pertaining to the uncle of the petitioner of the year 1968, his caste was recorded as "Rajput", several other documents of the pre-independence era clearly recorded the caste of the grand-father and the great grand- father of the petitioner as Kunbi. The petitioner had tendered several documents of the years 1931, 1932, 1933 on record show that the caste of the grand-father and the great grand-father of the petitioner was recorded as Kunbi in the said document. The Scrutiny Committee unnecessarily gave undue weightage to the comparatively recent document of the year 1967 while discarding the old entries that were recorded in respect of the grand-father and great grand-father of the petitioner. The old entries have greater probative value. It was therefore necessary for the Scrutiny Committee to have given due weightage to the old entries as compared to the recent ones of the year 1967. The Scrutiny Committee ought to have also given due weightage to the report of the Vigilance Cell. During the pendency of the writ petition, it appears that a caste validity certificate is issued in favour of the cousin of the petitioner by name Krushnaraj Rajendra Jadhao. Since the name of Krushnaraj Rajendra Jadhao finds place in the family tree that was produced by the petitioner before the Scrutiny Committee, it would be ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:41:02 ::: 5 J-WP-1284-15.odt necessary to give some weightage to the said document while considering the correctness or otherwise of the order of the Scrutiny Committee. In view of the entry "Kunbi" in the old document and in view of the issuance of the caste validity certificate in favour of the cousin of the petitioner during the pendency of the writ petition, a direction needs to be issued to the Scrutiny Committee to issue a validity certificate that the caste of the petitioner is Kunbi.
Hence, for the reasons aforesaid, the writ petition is allowed. The impugned order is quashed and set aside. The Scrutiny Committee is directed to issue a validity certificate that the caste of the petitioner is Kunbi, within three months. If the petitioner has paid the fees for his education, as are required to be paid by the open category students, the petitioner is free to take appropriate steps for recovering the difference in the amount of fees that were paid to the college.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
Choulwar
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