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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 72 OF 2001
Ku. Amruta d/o Bhikamsinha Sapkal,
R/o. "Dwarka", Raigad Colony, Khamgaon,
Tahsil Khmgaon, District Buldhana,
through her natural guardian father
Shri Bhikamsinha Sapkal ...... PETITIONER
...VERSUS...
1. The State of Maharashtra, through
Social Welfare Department, Mantralaya,
Madam Cama Road, Mumbai-400 032.
2. Divisional Caste Certificate Verification
Committee, Amravati Division,
Amravati ...... RESPONDENTS
AND
WRIT PETITION NO. 881 OF 1998
Miss. Rashmi d/o Bhikamsingh Sapkal,
aged about 18 years, Occ. Student
R/o. "Shriram Bhawan", Raigad Colony,
Kelanagar, Khamgaon, District Buldhana ...... PETITIONER
...VERSUS...
1. Divisional Caste Certificate Verification
Committee, Amravati Division,
Amravati (M.S.)
2. Director of Social Welfare,
Maharashtra State, Pune,
3. The State of Maharashtra, through
Social Welfare Department, Mantralaya,
Madam Cama Road, Mumbai-400 032....... RESPONDENTS
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Shri A.A.Naik, counsel for Petitioners in both petitions.
Shri S.M.Ukey, AGP for Respondents in both petitions
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CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
DATE : 22 nd JUNE, 2017 . ORAL JUDGMENT
The oral prayer made by Shri A.A.Naik, the learned counsel for the petitioners to add prayer clauses in the petition is allowed.
Necessary amendment be carried out forthwith. 2] Both these petitions are filed by real sisters challenging the separate orders dated 12.12.2000 and 17.02.1998 respectively passed by the Divisional Caste Certificate Verification Committee, Amravati Division, Amravati, invalidating their claim for "Rajput Bhamta - Vimukta Jati".
3] Before the Scrutiny Committee, the reliance was placed on the validity certificates 12.06.1995 and 23.10.1991 issued in the name of the real sister of the petitioner and the uncle, certifying that their claim for "Rajput Bhamta - Vimukta Jati" is held to be validated. The Scrutiny Committee ::: Uploaded on - 27/06/2017 ::: Downloaded on - 28/06/2017 00:23:51 ::: 3 wp72.01 + 881.98.odt disregarded both these documents after recording the finding that in the School Admission Register of the father of the petitioners, the caste of the father of the petitioners is shown as "Rajput".
4] Subsequently, the father of the petitioners was granted validity certificate as per the order dated 24.07.2008 passed by the Scrutiny Committee. Archana, another real sister of the petitioners was also granted caste validity certificate showing that her claim as belonging to "Rajput Bhamta - Vimukta Jati" is held to be valid on 12.06.1995. Another certificate dated 08.11.2012 issued by the Scrutiny Committee certifying the caste claim of Ajitsingh, real brother of both these petitioners, is held to be valid as a candidate belonging to "Rajput Bhamta - Vimukta Jati". Though the certificate gives the name as "Ajitsingh Bhikamsingh Sarkar", it is pointed out to us that the change in the name was published in the Official Gazette and instead of "Ajitsingh Bhikamsingh Sapkal", the name is changed as "Ajitsingh Bhikamsingh Sarkar".
5] In the decision of the Division Bench of this
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Court in Apoorva Vinay Nichale vrs Divisional Caste Certificate Scrutiny Committee No.1 and others, reported in 2010 (6) Mh.L.J. 401, it is held in paragraph 4 as under;
"4.We have considered the matter and we are of the view that the petitioner's caste claim that she belongs to Kanjar Bhat - Nomadic Tribe ought to have been accepted by the Committee merely on the basis that identical caste claim of her sister that she belongs to Kanjar Bhat has been allowed by the Committee, even apart from the Government Resolution. We are of the opinion that the guidelines provided by the said Govt. Resolution are sound and based on sound principles. It would indeed be chaotic otherwise. If the relationship by blood is established or not doubted, and one such relative has been confirmed as belonging to a particular caste, there is no reason why public time or money should be spent in the committee testing the same evidence and making the same conclusion unless of course the Committee finds on the evidence that the validity of the certificate of such relation has been obtained by fraud."
6] In view of the aforesaid decision and the facts involved in the present case being similar, the controversy no longer remains res-intergra. The orders passed by the Scrutiny Committee will have, therefore, to be set aside with a direction to the respondent No. 2 - the Divisional Caste Certificate Verification Committee, Amravati Division, Amravati, to issue separate validity certificates in the name of both the petitioners, certifying that their claim for "Rajput Bhamta - Vimukta Jati" is held to be valid and correct. 7] In the result, the petitions are allowed. The orders dated 12.12.2000 and 17.02.1998 passed by the ::: Uploaded on - 27/06/2017 ::: Downloaded on - 28/06/2017 00:23:51 ::: 5 wp72.01 + 881.98.odt Divisional Caste Certificate Verification Committee, Amravati Division, Amravati, invalidating the caste claim of the petitioners for "Rajput Bhamta - Vimukta Jati" are hereby quashed and set aside. Respondent No. 2 - Divisional Caste Certificate Verification Committee, Amravati Division, Amravati, is directed to issue separate validity certificates in the name of both the petitioners, certifying that their claim for "Rajput Bhamta - Vimukta Jati" is held to be valid and correct. The certificates be issued within a period of two months from the date of first appearance of the petitioners before the Scrutiny Committee. The petitioners to appear before the Scrutiny Committee on 10.07.2017.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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