Manish Godhanlal Shendre vs The State Of Maharashtra Through ...
2016 Latest Caselaw 4502 Bom

       mca481.16
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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                        
                               NAGPUR BENCH

          MISC. CIVIL APPLICATION (REVIEW) NO. 481  OF  2016




                                                
                                  IN
                  WRIT PETITION  NO.   3704  OF  1999

      Manish Godhanlal Shendre,




                                               
      aged about 19 years,
      occupation - Student r/o
      New Laxminagar, Ring Road,
      Gondia, Tahsil and District -




                                        
      Gondia.                                     ...   PETITIONER

                        Versus
                             
      1. The State of Maharashtra,
                            
         through its Secretary, Social
         Welfare Department,
         Mantralaya, Madam Cama
         Road, Mumbai 400 032.
      


      2. Scheduled Tribes Caste
   



         Certificates Scrutiny Committee,
         Nagpur thr. Its Chairman.

      3. The Chairman,





         Centralized Admission Committee,
         Vishweshariya Regional College of
         Engineering, Nagpur.

      4. Manoharbhai Patel Institute of





         Technology & Engineering, Gondia
         District - Gondia through its
         Principal.                               ...   RESPONDENTS


      Shri A.A. Naik, Advocate for the petitioner.
      Shri A.S. Fulzele, Additional GP for respondent Nos. 1 & 2.
                          .....

                                   CORAM :    B.P. DHARMADHIKARI &
                                              KUM. INDIRA JAIN, JJ.

AUGUST 05, 2016.

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ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)

Rule is made returnable forthwith and heard finally

with the consent of Shri Naik, learned counsel for the petitioner

and Shri Fulzele, learned Additional GP for respondent Nos. 1

& 2.

2.

In view of the statement made on affidavit pointing

out the relationship with the holders of validity certificates, we

had issued notice in this review application on 22.04.2016. On

10.06.2016, we have passed one order and thereafter on

08.07.2016, we have passed another speaking order. The

subsequent events are recorded in the order dated 29.07.2016.

3. The effort of Shri Naik, learned counsel is to

demonstrate that as the orders of Scrutiny Committee

impugned in writ petition are cryptic, the same needed to be

quashed and set aside. According to him, the petitioner did not

get appropriate opportunity.

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4. Shri Fulzele, learned Additional GP has pointed out

that after giving full opportunity to the petitioner, the

impugned order has been passed on 29.05.1999. He further

states that the petitioner was found to be a migrant from

Madhya Pradesh and as such there was no scope for looking

into a claim for validity. He has further invited our attention to

the records of Scrutiny Committee to demonstrate that no

family tree as such was pressed into service by the petitioner.

Our attention has also invited to difference in surnames of

those to whom the validity is given and in the surname of the

petitioner.

5. The petitioner asserts that one Gopal and his

brother Gendlal both sons of Dalpat, still use surname Shendre

while their brother Jaipal, Sukhlal and Nandlal use the

surname Gwalwanshi. Three persons with validities are

claimed to be the descendants of said Nandlal and Sukhlal.

6. In this situation, only because validities are given

and the petitioner is not deriving any benefit of caste

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certificate, we are inclined to grant him one opportunity,

however, the same shall be subject to cost of Rs.3,000/- to

Respondent No. 2 - Scrutiny Committee. If the cost is so paid

within a period of four weeks from today, Respondent No. 2 -

Scrutiny Committee shall permit the petitioner to place on

record necessary affidavit explaining family tree and tracing his

relationship with the persons to whom validities are given. The

Scrutiny Committee shall also obtain an affidavit from him

about the other members of the family who are in service or

undertaking education and about certificates/ validities with

them. If all these details are furnished within next two months,

the Scrutiny Committee shall proceed further with re-

verification of caste claim in accordance with the provisions of

the Maharashtra Scheduled Castes, Scheduled Tribes, De-

notified Tribes (Vimukta Jatis), Nomadic Tribes, Other

Backward Classes and Special Backward Category (Regulation

of Issuance & Verification of) Caste Certificates Act, 2000

(Maharashtra Act No. 23 of 2001), and attempt to complete it

at the earliest.

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7. Accordingly, we review the judgment dated

29.10.2015 in Writ Petition No. 3704 of 1999 and substitute it

by this judgment. The present Misc. Civil Application is

granted. Rule is made absolute accordingly. However, in the

facts and circumstances of the case, there shall be no order as

to costs.

               JUDGE                                                  JUDGE
                                              ******
      


      *GS.
   







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                                   C E R T I F I C A T E




                                                     

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