Bombay High Court
Babusing Narshingh Rajput vs State Of Mah.Thr.Social Welfare ... on 10 March, 2016
Bench: B.P. Dharmadhikari
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION No.1847 OF 2001
Babusing s/o. Narsingh Rajput,
Aged about 32 years,
Occupation : Principal,
Resident of Sagwan,
Tahsil and District Buldhana. : PETITIONER
...VERSUS...
1. The State of Maharashtra,
through Social Welfare Department,
Mantralaya, Madam Cama Road, Mumbai-400 032.
2. The Divisional Caste Certificate
Verification Committee,
Amravati Division, Amravati.
3. Deputy Director of Technical Education,
Nasik Region, Golf Club,
Old Agra Road, Nasik-2. : RESPONDENTS
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Mr. A.A. Naik, Advocate for the Petitioner.
Mr. C.A. Lokhande, Asstt. Government Pleader for Respondents.
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CORAM : B.P. DHARMADHIKARI &
P.N. DESHMUKH, JJ.
th
DATE : 10 MARCH, 2016.
ORAL JUDGMENT : ( Per : B.P. Dharmadhikari, J.)
1. The order of Scrutiny Committee i.e. respondent No.2
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dated 16.4.2001/11.5.2001 invalidating the caste claim of the
petitioner as belonging to 'Rajput Bhamta' (Schedule Tribe) has
been questioned in this petition. This Court has on 31.7.2001 while
admitting the matter granted interim relief and stayed that order.
This interim order continues to operate even today.
2. Mr. A.A.Naik, learned counsel for the petitioner has
submitted that composition of respondent No.2 Committee was not
in accordance with judgment of Hon'ble Apex Court in the case of
Kum. Madhuri Patil and another vs. Addl. Commissioner, Tribal
Development, Thane and others, reported in AIR 1997 SC 2581
and research officer was not associated with it. He has drawn
support also from earlier judgment of the Hon'ble Apex Court
between same parties reported in AIR 1995 SC 94. He further
urged that son of father's sister has been given validity by this Court
and that validity was upheld by the Hon'ble Apex Court. This
document though placed on record and mentioned by Police
authorities in their Police verification report has been ignored by
the Committee. He points out that as home inquiry has been done
by Police Authorities and they did not get assistance of research
officer, the statement of elderly persons have not been recorded and
hence relevant customs or traits have not come on record.
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According to him, it was obligatory for Committee to apply affinity
test, but that has not been looked into.
3. Learned Assistant Government Pleader, Shri C.A.
Lokhande, relies upon the impugned order. He points out that all
documents produced by the petitioner show that caste has been
recorded as "Rajput". In this situation, the Committee has found
that the petitioner belongs to caste 'Rajput' and cannot be a 'Rajput
Bhamta' candidate. He contends that in this situation all
irregularities or lacunae alleged by the petitioner in the matter are
not relevant and petition needs to be dismissed.
4. The caste claim of the petitioner needed verification in
terms of principles laid down by the Hon'ble Apex Court in its
judgment mentioned supra. Hence, after receipt of caste claim a
home inquiry ought to have been conducted by a proper research
officer who should have been associated with the Scrutiny
Committee. In that eventuality the statement of elder persons in
the family throwing light upon customs and traits would have come
on record and Committee would have been in a position to apply
anthropological test and find out affinity.
5. The vigilance inquiry has been done only by Police
officers. We have perused the report dated 30 th March, 2001 and
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that report specifically mentions judgment of this Court
dated 26.2.1988, delivered in Writ Petition No.4352/1984 wherein
the caste claim of Madhavrao Shamrao Rajput as belonging to
'Rajput Bhamta' has been validated by this Court. The Police
Authorities have mentioned that this order of High Court has been
maintained by the Hon'ble Apex Court. While concluding the
report,this order of High Court and Apex Court has been mentioned
and an affidavit supporting relationship of petitioner with
Madhavrao has also been noted. These facts are not looked into by
the Committee at all.
6. From 23.5.2001 in State of Maharahstra an enactment,
by name, the Maharashtra Scheduled Castes, Scheduled Tribes,
Denotified 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) has come into force and caste claims now need to be verified
by following procedure prescribed therein. In this situation, we find
that interest of justice can be met with by quashing and setting
aside the impugned order and by remitting matter back to
respondent No.2-Committee for its fresh consideration in
accordance with law.
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7. We direct petitioner to appear before the respondent
No.2-Committee on 4th May, 2016 and to abide by its further
instructions in the matter.
8. The Committee shall attempt to complete exercise of
verification as per the Maharashtra Scheduled Castes, Scheduled
Tribes, Denotified 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) afresh within next one year.
9. With these directions, petition is partly allowed and
disposed of. No costs.
JUDGE JUDGE
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