Swapna D/O Badalsingh ... vs State Of Maharashtra And Ors.
2003 Latest Caselaw 543 Bom

JUDGMENT

R.S. Mohite, J .

1. Rule. Rule taken up forthwith for final hearing with the consent of the parties.

2. Heard Shri Jagtap, Advocate for the petitioner, Shri Thakare, A.G.P. for the respondent No. 1 and Mr. Khade, Advocate for respondent No. 2.

3. By this petition, petitioner challenges an order dated 14-1-2002 passed by the respondent No. 2- Divisional Caste Certificate Scrutiny Committee, Amravati Division, Amravati, rejecting the claim of the petitioner as belonging to "Rajput Bhamta" Vimukta Jati (VJ). On perusal of the impugned judgment and order, we find that none of the ten documents indicate that the petitioner belongs to any caste other than "Rajput Bhamta". One of the documents is a document based upon Municipal School record of the petitioner's father by name Badalsingh Daryavsingh Raghuvanshi. The said document contains particulars relating to the petitioner's father and shows that he is born in the year 1952, obtained admission in the year 1958, and left school in the year 1962. The said document indicates that the father of the petitioner was "Rajput Bhamta". The caste "Rajput Bhamta" was declared to be "Vimukta Jati" in the year 1961. This document pertains to the period which is prior to that date and, therefore, in our view, this is a document which had good probative value to indicate the true caste of the petitioner.

4. Apart from this, we find that the report of Police Vigilance Cell dated 17-11-2001 clearly states that the petitioner belongs to "Rajput Bhamta" caste.

5. Learned Advocate for the respondent No. 2 and other respondents could not point out a single document from the record, which would indicate that the petitioner belongs to caste other than "Rajput Bhamta". It appears that the matter was decided against the petitioner on the footing that he could not produce documents of his paternal relatives as required in G. R. dated 8-5-1991. We do find that there is a document relating to the petitioner's father, which is obviously from his paternal side and reasoning given by the Committee in this regard is untenable. In this view of the matter, we are inclined to allow this petition. Rule is made absolute, with the following directions :--

6. Respondent Nos. 3 and 4 are directed to ensure that the petitioner's result of the B. E. IInd year (3rd Semester) is declared forthwith. It is clarified that the petitioner will be entitled for admission to the next higher class or any other further course on the footing that she belongs to "Rajput Bhamta" "Vimukta Jati". Rule made absolute accordingly.