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THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 6272 OF 2011
Ku. Pallavi d/o Narendra Pusadekar,
Age 17 years, [Minor], Occu. : Student,
Permanent r/o Wadner-Bhujang,
Post : Kakda, Tq. Achalpur, Dist. Amravati,
Through her natural guardian mother,
Smt. Pramila wd/o Narendra Pusadekar. ... Petitioner
VERSUS
(1) Regional Caste Scrutiny Committee,
Amravati Region, Amravati
Raghunandan Terminals,
Opposite Government Polytechnique,
Gadge Nagar, Amravati,
Tq. & Dist. Amravati.
(2) Modern Education Society's College
of Engineering,
19, Bund Garden, V. K. Jog Path,
Wadiya College Campus, Pune.
Through its Principal. ... Respondents
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Shri Pradeep Mahalle, Advocate for the petitioner
Shri S. S. Doifode Assistant Government Pleader for the State/
respondent no. 1
None for the respondent no. 2
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CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 10-11-2017 Oral Judgment (Per : R. K. Deshpande, J) The claim of the petitioner for 'Bhope' Nomadic Tribes-B ::: Uploaded on - 15/11/2017 ::: Downloaded on - 16/11/2017 01:07:31 ::: 2 jg.wp.6272.11.odt category of backward class has been rejected by the Divisional Caste Scrutiny Committee at Amravati by order dated 9-12-2011, which is the subject matter of challenge in this petition.
2. The petitioner produced before the Committee, the caste validity certificate issued on 25-2-2011 in the name of his real uncle Shri Rajendrakumar Krushnarao Pusadekar validating his claim as 'Bhope', Nomadic Tribe-B category. The committee has commented upon it saying that it is possible that such certificate might have been obtained by illegal means or by producing false documents. It further holds that validity certificate granted by one committee is not binding upon the another committee and it is always open to examine the facts and circumstances of each case and if it has not satisfied with the validity of the claim, to reject it.
3. We need not go into the other aspects of the matter dealt with by the committee, as in our view, the committee is bound by the the declaration of the claim for Nomadic Tribe-B category of the uncle Rajendra Krushnarao Pusadekar by it on 25-2-2011. The petitioner has also produced before us the validity certificate issued by the Committee No. 1 at Amravati on 19-11-2016 in the name of Shri Pradip Krishnaro ::: Uploaded on - 15/11/2017 ::: Downloaded on - 16/11/2017 01:07:31 ::: 3 jg.wp.6272.11.odt Pusdekar validating claim for Nomadic Tribes-B category. It is not the finding of the committee in respect of validity certificate issued to Rajendra Pusadekar, that it was obtained by fraudulent means or by producing false documents. We also do not find any point to remand the matter back to the Committee, to consider the validity certificate issued in the name of another uncle Shri Pradip Krishnarao Pusdekar and the cousin brother of the petitioner, Shri Ketankumar Pradiprao Pusdekar.
4. In the decision of Division Bench of this Court in Apoorva d/o Vinary Nichale Vs. Divisional Caste Certificate Scrutiny Committee No. 1 and ors. reported in 2010(6) Mh.L.J. 401, it is held in paragraph 7 that :
7. We thus come to the conclusion that when during the course of enquiry the candidate submits a caste validity certificate granted earlier certifying that a blood relation of the candidate belongs to the same caste as that claimed by the applicant, the committee may grant such certificate without calling for Vigilance Cell Report. However, if the committee finds that the earlier caste certificate is tainted by fraud or is granted without jurisdiction, the Committee may refuse to follow and may refuse to grant certificate to the applicant before it.
In paragraph 9 of the said decision, the Court has held that merely ::: Uploaded on - 15/11/2017 ::: Downloaded on - 16/11/2017 01:07:31 ::: 4 jg.wp.6272.11.odt different view on the same facts would not entitle the committee dealing with the subsequent caste claim, to reject it. This decision of the Division Bench of this Court has been followed in several subsequent such decisions and it is not necessary to cite such decisions referred to by the learned counsel for the petitioner.
5. In the absence of any finding that the caste validity certificate dated 25-2-2011 issued to Shri Rajendrakumar Pusadekar being obtained by fraud or by producing false documents, the consistency in the view taken by the committee has to be maintained. Another committee cannot, therefore, take a different view of the matter and will have to follow the said decision.
6. In the result, we allow this writ petition and quash and set aside order dated 9-12-2011 passed by the Divisional Caste Scrutiny Committee, Amravati invalidating the caste claim of the petitioner for 'Bhope', Nomadic Tribes-B category and we hold that the petitioner has established her claim for grant of validity certificate. We therefore direct the respondent Committee to issue caste validity certificate in the name of the petitioner showing that she belongs to 'Bhope', Nomadic Tribes-B during the period of one month from the date of production of ::: Uploaded on - 15/11/2017 ::: Downloaded on - 16/11/2017 01:07:31 ::: 5 jg.wp.6272.11.odt copy of this judgment to it.
7. Rule is made absolute in aforesaid terms with no order as to costs.
JUDGE JUDGE
wasnik
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