Balkisan Vyankatrao Bhurewar vs Union Of India Through Its ...
2016 Latest Caselaw 461 Bom

       wp3105.15                                                                      1



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                             
                               NAGPUR BENCH

                        WRIT PETITION  NO.  3105  OF  2015




                                                     
      Balkisan Vyankatrao Bhurewar,
      aged about 54 years, occupation
      Service as Senior Technical




                                                    
      Assistant (Drawing) r/o Flat No.
      208, Onkar Apartment, Shreenath
      Sainagar, Near Onkar Nagar,
      Nagpur.                                          ...   PETITIONER




                                           
                              ig   Versus

      1. Union of India
         through its Secretary,
                            
         Ministry of Coal and Mines,
         Shastri Bhavan, New Delhi.

      2. Chief Administrative Officer and
         Head of Office, Indian Bureau of
      


         Mines, Indira Bhavan, Civil Lines,
         Nagpur 440 001.
   



      3. Scheduled Tribe Certificate Scrutiny
         Committee, Nagpur Division,
         Giripeth, Amravati Road, Nagpur,





         through its Vice Chairman/ Member
         Secretary.                                    ...   RESPONDENTS





      Shri N.C. Phadnis, Advocate for the petitioner.
      Shri Anil Kamale, Advocate holding for Shri Rohit Deo, Advocate
      for respondent Nos. 1 & 2.
      Shri C.A. Lokhande, AGP for respondent No. 3.
                         .....

                                        CORAM :    B.P. DHARMADHIKARI &
                                                   P.N. DESHMUKH, JJ.

MARCH 09, 2016.

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

Rule. Rule is made returnable forthwith and heard

finally with the consent of Shri Phadnis, learned counsel for

the petitioner, Shri Anil Kamale, Advocate holding for Shri

Rohit Deo, learned ASGI for respondent Nos. 1 & 2 and Shri

Lokhande, learned AGP for respondent No. 3.

2. The learned AGP is seeking time to obtain

instructions.

3. We have perused the record. We find that the

caste claim of the petitioner has been invalidated on

11.05.2015 as the caste certificate obtained by him is not from

the Competent Authority. It is found that the said certificate

dated 22.05.1981 was issued by the Executive Magistrate,

Nagpur, while the petitioner is a native of Wardha. The

Scrutiny Committee has mainly found that the order passed

upon it at Pune in Case No. TCSC/SER/NGP-64/BVB/ dated

12.12.1991 is still intact and the petitioner was not appearing

in Appeal No.6/91-92 before the Additional Commissioner,

Nagpur Division, Nagpur. Hence, in view of that order, caste

claim has been invalidated.

4. A perusal of order dated 12.12.1991 shows that

because of lack of territorial jurisdiction in the Executive

Magistrate at Nagpur, the caste certificate was found invalid.

5. This court in such circumstances found that the

employee / holder needs to be given time to obtain caste

certificate from the Competent Authority having jurisdiction in

his matter. The judgment delivered on 14.11.2014 in Writ

Petition No. 269 of 2014 shows said course of action.

6. In addition, Shri Phadnis, learned counsel, has

relied upon the judgments in the case of Vijaykumar

Narayanrao Kale vs. State of Maharashtra & Ors., reported at

2013 (5) Mh.L.J. 930 and in Anand s/o Nilkanth Katole vs. The

Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati

& Anr., reported at 2014 (5) All MR 181, to contend that

validity cannot be denied on technical grounds.

7. Here, the petitioner has entered employment in

1986 and today he is about 54 years old.

8. In this situation, interest of justice can be met with

by directing the petitioner to apply to the Competent Authority

at Wardha, for grant of caste certificate. If such an application

with necessary documents is filed within two weeks from

today, that authority shall attempt to verify and take suitable

decision upon it in accordance with law within next eight

weeks.

9. If the caste certificate is issued, Respondent No. 2 -

employer shall submit it to Respondent No. 3 - Committee for

its verification within next four weeks and Respondent No. 3 -

Committee shall in that event attempt to verify it in

accordance with 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, (Act No. 23 of 2001) within next one year.

10. Interim orders granted by this Court, protecting

employment of the petitioner, shall continue to operate till the

Competent Authority at Wardha, takes a decision on his

application for issuance of caste certificate. In case the caste

certificate is issued, the interim orders shall continue to

operate till the Scrutiny Committee verifies the same in

accordance with law.

11. With these directions, writ petition is partly

allowed and disposed of. Rule is made absolute in above

terms. However, in the facts and circumstances of the case,

there shall be no order as to costs.

                      JUDGE                                      JUDGE
   



      *GS.