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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.6041 OF 2013
Amol s/o. Murlidhar Waindeshkar,
Aged 32 years, Occ. Service,
Permanent r/o. Vaibhav Colony,
Old Bye-pass road, Near
Gondbaba Mandir, Dastur
Nagar, Amravati, Tq. and Distt.
Amravati.
(Presently serving as Assistant
Professor (Geography) at
Gondiya). .......... PETITIONER
// VERSUS //
1. Divisional Caste Scrutiny
Committee No.1, Amravati,
Amravati Region, Amravati.
2. State of Maharashtra,
through It's Secretary, Tribal
Development Department,
Mantralaya, Mumbai.
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3. Natwarlal Maniklal Dalal
College of Arts and Commerce,
Gondiya, Through it's Principal,
(Presently Mr.Yogesh M.Nasare). .......... RESPONDENTS
____________________________________________________________
Mr.Kuldeep Mahalle, Advocate for the Appellant.
Mr.N.R.Rao, A.G.P. for the Respondent Nos. 1 & 2.
CORAM : R. K. DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 16th NOVEMBER, 2017.
ORAL JUDGMENT (Per R. K. Deshpande, J) :
1. The claim of petitioner for 'Bhope' Nomadic Tribes - B category of Backward class has been rejected by the Divisional Caste Certificate Scrutiny Committee at Amravati by an order dt.25.10.2013, which is the subject matter of challenge in this petition.
2. The petitioner produced before the Committee about fifteen documents, out of which ten documents indicated caste ::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:23:26 ::: 3 wp6041.13 'Bhope', two documents indicated caste 'Bhopi' and one document indicated caste as 'Hindu Mahanubhav'. All the documents are in respect of blood relatives of the petitioner. The Committee has held that 'Mahanubhav' is the caste which is included in the list of Other Backward Category at Sr. No.94. Perusal of entry no.94 does not show that simple 'Bhopi' or 'Bhope' is either included in the list of O.B.C. or shown as synonym of 'Mahanubhav'. Amongst these documents, the documents at Sr. Nos.9, 11 and 12 are the Caste Validity Certificates issued by the Committee in the name of paternal uncle and cousins of the petitioner.
3. We need not go into all other aspects of the matter dealt with by the Committee as, in our view, the Committee is bound by the declaration of the claim for Nomadic Tribe-B category of the paternal uncle and cousins of the petitioner on 1.1.2005, 4.6.2004 and 21.12.2011. It is not the finding of the Committee that the Certificates were obtained by fradulent means or by producing false documents. In view of this, we do not find any point in remanding the matter back to the Committee to consider the claim of the petitioner afresh.
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4. In the decision of Division Bench of this Court in Writ Petition No.6272 of 2011, dt.10.11.2017 (Ku. Pallavi d/o. Narendra Pusadekar .vs. Regional Caste Scrutiny Committee, Amravati Region, Amravati and another), in Para 4 thereof, it is observed as under :
4. In the decision of Division Bench of this Court in Apoorva d/o. Vinay 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. "::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:23:26 :::
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5. In the absence of any finding that the Caste Validity Certificates dt.1.1.2005, 4.6.2004 and 21.12.2011 are being obtained by fraud or by producing false documents, the consistency in the view taken by the Committee has to be maintained. There cannot be a different view of the matter. Particularly, when the Committee has taken a possible view of the matter while issuing Caste Validity Certificates in the name of paternal relatives of the petitioner.
6. In the result, this Writ Petition is allowed.
The Order dt.25.10.2013 passed by the Committee is hereby quashed and set aside.
It is declared that the petitioner has established his claim for 'Bhope', Nomadic Tribe-B category, entry at Sr. No.94 in the list published by the State Government. Consequently, the Caste Certificate dt.30.6.2007 produced by the petitioner is held to be valid.
The Committee is, therefore, directed to issue Validity Certificate in the name of petitioner within a ::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:23:26 ::: 6 wp6041.13 period of four week from the date of production of a copy of this Judgment.
7. Rule is made absolute in the above terms. No order as to costs.
JUDGE JUDGE [jaiswal] ::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:23:26 ::: 7 wp6041.13 ::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:23:26 :::