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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 914 OF 2015
Mr. Aamir Naim Sayed Raheman
S/o Sayed Raheman Babasha,
Aged about : 21 years,
Occ. Student, R/o Ahebab Colony,
Near Water Tank, Walgaon Road,
Amravati (Mah). ..... PETITIONER
...V E R S U S...
1. State of Maharashtra,
Through its Secretary,
Social Justice and Special
Assistant Department,
Mantralaya, Mumbai - 32.
2. The Divisional Caste Certificate
Scrutiny Committee No.1,
Amravati Division, Amravati
Through its Chairman / Member
Secretary, B Wing, First Floor,
Dr. Ambedkar Samajik Nyay Bhavan,
Camp Road, Amravati - 444606.
3. The Registrar,
Sant Gadgebaba Amravati University,
Amravati.
4. The Principal,
Prof. Ram Meghe Institute of
Technology & Research, Badnera,
Amravati - 444701. ... RESPONDENTS
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Shri Shriniwas Deshpande, Advocate for the petitioner.
Shri I. J. Damle, AGP for the respondent Nos.1 and 2.
Shri N. S. Badhe, Adv. for the respondent No.3.
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CORAM:-
SMT. VASANTI A NAIK &
ARUN D. UPADHYE, JJ.
DATED :-
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2 J-WP-914-15.odt ORAL JUDGMENT : (Per Smt. Vasanti A Naik, J.) By this writ petition, the petitioner challenges the order of the Scrutiny Committee, dated 09/12/2014 invalidating the claim of the petitioner of belonging to "Chhapparband" (Vimukta Jati).
The petitioner claimed to belong to "Chhapparband" (Vimukta Jatis) and secured admission in the college on a seat that was earmarked for the Vimukta Jatis. The caste claim of the petitioner was referred to the Scrutiny Committee for verification. On an appreciation of the material on record, the Scrutiny Committee invalidated the caste claim of the petitioner by the order dated 09/12/2014. The petitioner has challenged the said order in the instant petition.
Shri Deshpande, the learned counsel for the petitioner submitted that the Scrutiny Committee was not justified in rejecting the caste claim of the petitioner. It is submitted that the Government Circular dated 23rd March, 2011 was not considered by the Scrutiny Committee in the right perspective, while rejecting the caste claim of the petitioner. It is submitted that word 'Shah' is affixed to the name of the father and grand-father of the petitioner and the caste of the grant- father of the petitioner was recorded as Fakir and his name was also ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:41:01 ::: 3 J-WP-914-15.odt mentioned as Rahimshah Anwarshah Fakir. It is submitted that the old documents of the pre-independence era ought to have been considered by the Scrutiny Committee for validating the caste claim of the petitioner. It is submitted that the petitioner is a Muslim, the word 'Shah' is affixed to the name and surname of the father and the grand- father of the petitioner and in some of the old documents, the word Fakir is also found in the name of the blood relatives of the petitioner. It is stated that the guidelines, as laid down in the Government Circular dated 23rd March, 2011 were not followed by the Scrutiny Committee while invalidating the caste claim of the petitioner. It is submitted that though the Scrutiny Committee has observed in para 8 of the impugned order that most of the conditions that are laid down in the Government Circular dated 23rd March, 2011 stand fulfilled in the case of the petitioner, the Scrutiny Committee has illegally rejected the caste claim of the petitioner after holding that the petitioner had not produced the old documents in which the caste of his near relatives was recorded as "Chhapparband".
Shri Damle, the learned Assistant Government Pleader appearing for the Scrutiny Committee has supported the order of the Scrutiny Committee. It is submitted that though the petitioner is a Muslim and the words 'Fakir' and 'Shah' find place in the names and surnames of the near relatives of the petitioner, it cannot be said that ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:41:01 ::: 4 J-WP-914-15.odt the petitioner has proved his caste claim as the caste of the blood relatives of the petitioner is not recorded as "Chhapparband" in the old documents of the pre-independence era. The learned Assistant Government Pleader sought for the dismissal of the writ petition.
On hearing the learned counsel for the parties and on a perusal of the impugned order, it appears that the Scrutiny Committee was not justified in rejecting the caste claim of the petitioner merely because there were no documents that could be produced by the petitioner before the Scrutiny Committee that the caste of his near relatives was recorded as "Chhapparband" in the pre-independence era. The petitioner had tendered all the relevant documents on which he could have relied on and which he could have possessed, before the Scrutiny Committee. The Vigilance Cell enquiry was conducted in the caste claim of the petitioner. The Vigilance Cell did not unearth any other documents which could falsify the caste claim of the petitioner. The petitioner had relied on two old documents of the pre- independence era to prove his caste claim. The Scrutiny Committee however rejected the document of the year 1944 which pertains to the cousin grand-father of the petitioner on the ground that the caste of the grand-father of the petitioner was not recorded as "Chhapparband" in the said document, but was recorded as Fakir. While holding so, it appears that the Scrutiny Committee did not give due weightage to the ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:41:01 ::: 5 J-WP-914-15.odt guidelines laid down in the Government Circular dated 23 rd March, 2011. Though the Scrutiny Committee observed that the petitioner is a Muslim, that the words 'Fakir' and 'Shah' find place in the names of the father and the grand-father of the petitioner, the Scrutiny Committee rejected the caste claim of the petitioner by making a reference to Clause 3 of the Government Circular dated 23 rd March, 2011. Clause 3 of the Government Circular merely recites that the Scrutiny Committee should decide the caste claim on the basis of the orders and guidelines laid down by the Government from time to time and the material placed by the claimant on record. The material placed by the petitioner on record shows that the caste of the petitioner could be "Chhapparband". The Scrutiny Committee has recorded the statements of the family members and near relatives of the petitioner and has opined that the caste of the petitioner could be "Chhapparband". If that is so, it was incumbent on the part of the Scrutiny Committee to have given enough weightage to the report of the Vigilance Cell. The Scrutiny Committee however did not give any weightage to the report of the Vigilance Cell, though it mentioned about the same in the impugned order. In the circumstances of the case, it would be necessary to direct the Scrutiny Committee to issue a Caste Validity Certificate in favour of the petitioner that his caste is "Chhapparband".
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6 J-WP-914-15.odt Hence, for the reasons aforesaid, the writ petition is allowed. The impugned order is quashed and set aside. The respondent
- Scrutiny Committee is directed to issue a Caste Validity Certificate that the petitioner belongs to "Chhapparband" caste, within three months.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
Choulwar
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