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wp6040.11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.6040 of 2011
Shah Ayyaz Ali Hamid Ali,
Aged about 24 years,
Occupation - Teacher,
R/o Gupta Layout,
Hingoli Road,
Washim, Dist. Washim. ... Petitioner
Versus
1. The Divisional Caste Scrutiny
Committee No.2, Akola, through its
President, Collector Office Premises,
Administrative Builging,
2nd Floor, Akola.
2. The Sheikh Mistri Municipal Urdu
School, Mumbai,
through its Head Master,
S.M.D. Road, Antop Hill,
Wadala, Mumbai-32.
3. The Education Officer (Primary),
Office of Municipal Corporation,
Lakhmal Road, Dadar (E),
Mumbai. ... Respondents
Shri S.S. Dhengale, Advocate for Petitioner.
Shri A.M. Deshpande, Assistant Government Pleader for
Respondent No.1.
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wp6040.11.odt
Coram : R.K. Deshpande & M.G. Giratkar, JJ.
rd Date : 3 November, 2017 Oral Judgment (Per R.K. Deshpande, J.) :
1. The claim of the petitioner for grant of validity certificate as belonging to "Chhapparband" (Vimukta Jati-A Category) is rejected by the Divisional Caste Certificate Scrutiny Committee No.2, Akola, by its order dated 28-11-2011, which is the subject-matter of challenge in this petition.
2. We have heard Shri Dhengale, the learned counsel for the petitioner; and Shri Deshpande, the learned Assistant Government Pleader for the respondent No.1/Caste Scrutiny Committee. We have gone through the order impugned in this petition. We do not find even a single document produced on the record of the Committee showing the caste of the petitioner or his predecessors or any of his blood relatives as belonging to "Chhapparband" (Vimukta Jati-A Category). The learned counsel for the petitioner has invited our attention to the caste ::: Uploaded on - 03/11/2017 ::: Downloaded on - 07/11/2017 01:32:05 ::: 3 wp6040.11.odt validity certificate on page 32 of the petition and submits that the real brother of the petitioner has been granted validity certificate as a candidate belonging to Vimukta Jati-A Category. We have gone through the order passed by the Committee. Except saying that each case has to be decided on its own facts, no reasons are recorded by the Committee. It seems that there is no enquiry even as to existence of such certificate and its issuance. We will have to, therefore, quash and set aside the order passed by the Committee, which is impugned in the present petition, with an order of remand.
3. In the result, the petition is allowed. The order dated 28-11-2011 passed by the Divisional Caste Certificate Scrutiny Committee No.2, Akola, is hereby quashed and set aside and the matter is remanded back to the said Committee for decision afresh on its own merits. The Committee is expected to verify the certificate on page 32 of this petition, i.e. whether the said certificate is fabricated or actually issued by the authority concerned. The record of issuance of such certificate can be ::: Uploaded on - 03/11/2017 ::: Downloaded on - 07/11/2017 01:32:05 ::: 4 wp6040.11.odt called and verified to find out whether there is a fraud actually played in getting such certificate. The petitioner to appear before the Committee on 27-11-2017. No separate notice shall be issued to the petitioner. The Committee to decide the matter within a period of three months from the said date and submit its report to this Court.
4. Rule is made absolute in above terms. No order as to costs.
(M.G. Giratkar, J.) (R.K. Deshpande, J.)
Lanjewar, PS
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