Bombay High Court
Shri. Dnyaneshwar Baliram ... vs The State Of Maharashtra And Ors on 25 April, 2017
Bench: Naresh H. Patil
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8654 OF 2016
Dnyaneshwar Baliram Thakare, ]
Age 32 Yrs., Occ.: Agriculturist, ]
R/at Pali, Post Khani, ]
Tal. Ambernath, Dist. Thane. ] .... Petitioner
Versus
1. The State of Maharashtra, ]
Through Department of Social Justice ]
and Special Assistance, ]
Mantralaya, Mumbai ]
]
2. Caste Scrutiny Committee, ]
Mumbai Division No.1, ]
Konkan Bhavan, Navi Mumbai. ]
]
3. District Collector, Thane. ]
]
4. Pintu Motiram Mhatre ]
Age : Adult, Occ.: Agri., ]
R/at Mhatre Pada, Posari, ]
Post Khoni via Kalyan, ]
Tal. Ambernath, Dist. Thane ]
]
5. Abhimanyu Gotiram Mhatre, ]
Age : Adult, Occ.: Agri. ]
R/at Mhatre Pada, Posari, ]
Post Khoni via Kalyan, ]
Tal. Ambernath, Dist. Thane ] .... Respondents
Mr. Vijay Killedar for the Petitioner.
Ms. R.A. Salunkhe, A.G.P., for Respondent Nos.1 to 3-State.
Mr. Vishal Patil for Respondent Nos.4 and 5.
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CORAM : NARESH H. PATIL &
DR. SHALINI PHANSALKAR-JOSHI, J.J.
RESERVED ON : 19 TH APRIL, 2017.
PRONOUNCED ON : 25 TH APRIL, 2017.
JUDGMENT : [Per Dr. Shalini Phansalkar-Joshi, J.]
1. Rule. Rule made returnable forthwith. Heard finally, by
consent of the parties.
2. By this Petition, filed under Article 226 of the Constitution of
India, Petitioner is challenging the Judgment and Order dated 2 nd
April 2016 passed by the Caste Scrutiny Committee, Mumbai
Division No.1, Konkan Bhavan, Navi Mumbai, thereby invalidating
his Caste Certificate dated 1st December 2013 and directing
initiation of criminal prosecution against him for producing false
and fabricated evidence relating to his caste.
3. Brief facts of the Petition are to the effect that, the Petitioner
claims himself as belonging to "Hindu-Kunbi Caste", which is notified
at Serial No.83 of the Government Resolution No.CBC-1467-M dated
13th October 1967, issued by Respondent No.1, to be "Other
Backward Caste (OBC)".
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4. To substantiate his claim, the Petitioner has relied upon the
school record of his uncle, namely, Shri. Vishnu Appa Thakare.
According to him, in the School Leaving Certificate of his uncle
Vishnu Appa Thakare, his caste is mentioned as "Kunbi" since prior
to the date of 13th October 1967.
5. On the basis of this caste claim, Petitioner contested the
Election of Posari Village Panchayat. In the said Election, he was
elected as a 'Member' and thereafter elected to be the 'Sarpanch' of
the said Village Panchayat. Along with his nomination paper, he has
produced the Caste Certificate as belonging to "Kunbi". Respondent
Nos.4 and 5, however, contested the caste claim of the Petitioner by
making complaint to the Caste Scrutiny Committee. As a result,
when the Caste Certificate of the Petitioner was sent to the Caste
Scrutiny Committee for validation, on the basis of the Vigilance Cell
Report dated 14th January 2016, showing interpolation and
overwriting in the caste column of the school record of the
Petitioner's uncle Vishnu Appa Thakare, the Petitioner's Caste
Certificate came to be invalidated by the impugned order dated 2 nd
April 2016. Being aggrieved by the same, the Petitioner has
approached this Court.
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6. The submission of Mr. Vijay Killedar, learned counsel for the
Petitioner, is to the effect that, in addition to the entry in General
Register of the Z.P. School at Shirdon of the Petitioner's uncle
Vishnu Appa Thakare, which was much prior to the relevant date of
13th October 1967, Petitioner is also having School Leaving
Certificate of his uncle issued on 4 th August 1999. In both these
documents, the caste is mentioned as "Hindu-Kunbi". It is submitted
that the Caste Scrutiny Committee has, however, ignored this
material piece of evidence and solely relying on the Report of the
Vigilance Cell Committee, invalidated the caste claim of the
Petitioner and also, at the same time, directed initiation of criminal
prosecution against the Petitioner. It is therefore submitted that the
impugned order of the Caste Scrutiny Committee is liable to be
quashed and set aside.
7. Per contra, Ms. R.A. Salunkhe, learned A.G.P., while relying
upon the original school record of the Petitioner's uncle Vishnu Appa
Thakare, which was called for in this Petition, has submitted that
there is not only overwriting but interpolation also in the General
Register maintained by the school of Petitioner's uncle Vishnu Appa
Thakare. It is submitted that in the said Register, it is clearly visible,
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even to the naked eye, that the word "Kunbi" is overwritten by
different ink on the word "Maratha" against the entry of the name of
Petitioner's uncle Vishnu Appa Thakare. It is urged that the
Vigilance Cell Committee also, in its Report, has brought this fact to
the notice of the Caste Scrutiny Committee. The Caste Scrutiny
Committee has, therefore, on being satisfied that the Petitioner's
claim as belonging to "Hindu-Kunbi" was based on the false and
fraudulent document, rightly invalidated his Caste Certificate and
directed initiation of criminal proceedings against him. According to
learned A.G.P., therefore, the impugned order of the Caste Scrutiny
Committee being based on the material on record, no interference is
warranted therein by this Court.
8. Mr. Vishal Patil, learned counsel for Respondent Nos.4 and 5,
had also supported the impugned order of the Caste Scrutiny
Committee by pointing out that the Petitioner's claim is wholly based
on the false and fabricated document. The General Register of the
Z.P. School at Shirdon clearly reflects that there is overwriting in
the 'Caste Column' in the entry of the name of Petitioner's uncle
Vishnu Appa Thakare. This fact was noted by the Vigilance Cell
Committee. It is urged by him that, except for this Caste Certificate
of his uncle, which is found to be false and fabricated, no other
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evidence is produced on record by the Petitioner to prove his caste
claim. As against it, the documentary evidence, which is produced
by Respondent Nos.4 and 5, clearly reflects that not only in the
Revenue record of the Petitioner's fore-father Hari Jaitu Thakare,
his caste is noted as "Maratha", but, even the school record of the
Petitioner himself, that of his father Baliram Appa Thakare and his
brother Dnyaneshwar Baliram Thakare, clearly proves that their
caste is mentioned as "Hindu-Maratha". It is submitted that the
Petitioner has, in order to avail the benefit of OBC Caste, applied for
the Duplicate School Leaving Certificate, which was issued on 8th
July 2015 by the Z.P. School at Pali on the basis of the Caste
Certificate of his uncle, which was issued on the fabricated material,
the Petitioner is claiming to be belonging to "Hindu-Kunbi Caste"
and, hence, there is no merit in his claim. This Writ Petition,
therefore, according to learned counsel for Respondent Nos.4 and 5,
is devoid of any merits and needs to be dismissed with costs.
9. In the light of these rival submissions advanced at bar by
learned counsels for the respective parties and in order to satisfy
ourselves about the genuineness of the documents, on which the
Petitioner's claim as belonging to "Hindu-Kunbi" is based, we had
called for the original record to be produced before this Court.
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Accordingly, on 18th April 2017, the learned A.G.P., has placed
before us (i) the General Register maintained by the Z.P. School,
Shirdon, (ii) Outward Register Barnishi, (iii) School Leaving
Certificate of Vishnu Appa Thakare, and (iv) Outward Barnishi
(Note-Book). On perusal of the same, we found that in the General
Register of Z.P. School at Shirdon at Serial No.173, the name of
Petitioner's uncle Vishnu Appa Thakare is appearing and in the
column of 'Caste' and 'Sub-Caste', it is written "Hindu-Maratha". The
word "Kunbi" is, however, overwritten by different ink in the place
of "Maratha". In the Outward Register Barnishi and Note-Book, we
noticed that, against the name of the Petitioner's uncle Vishnu Appa
Thakare, no caste is mentioned. In the School Leaving Certificate of
Vishnu Appa Thakare, which was issued in the year 2015, we
noticed that the caste is mentioned as "Hindu-Kunbi".
10. The Report of the Vigilance Cell Committee, which was also
produced before the Caste Scrutiny Committee and copy of which is
produced in this case, also confirms that in the General Register
maintained by Z.P. School, Shirdon, in respect of the entry at Serial
No.173 of the Petitioner's uncle Vishnu Appa Thakare, the word
"Kunbi" is overwritten by different ink in place of the word
"Maratha". It is clear that, on the basis of this entry in General
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Register, which is interpolated, the Petitioner has claimed himself to
be belonging to "Hindu-Kunbi Caste". It may be true, that in the
School Leaving Certificate of his uncle Vishnu Appa Thakare, his
caste is mentioned as "Hindu-Kunbi", but that appears to be purely
on the basis of the entry in the General Register. However, once it is
held that the entry in the General Register relating to caste is
interpolated and there is overwriting as regards the word "Kunbi" in
place of the word "Maratha", such School Leaving Certificate
becomes devoid of any value and, therefore, the very document on
which the Petitioner is relying for his caste claim as belonging to
"Hindu-Kunbi" having been found to be false and fabricated piece of
evidence, in our considered opinion, the Caste Scrutiny Committee
has rightly invalidated his Caste Certificate.
11. As regards the School Leaving Certificate of the Petitioner,
learned counsel for Respondent Nos.4 and 5 has produced on record
various documents to show that the Petitioner was the student of
Z.P. School at Pali, Taluka Ambernath, where he took an admission
on 21st June 1989. There, he studied upto 4 th Standard. In the
General Register maintained by the said School, at Serial No.255,
against the name of the Petitioner, in the columns 'Caste' and 'Sub-
Caste', the Petitioner's caste is shown as "Hindu-Maratha". The copy
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of the said General Register is produced at Exhibit-G. Learned
counsel for Respondent Nos.4 and 5 has also relied upon the Entry
No.801 in the General Register maintained by Z.P. School at Chirat,
wherein the Petitioner had taken admission, after passing 4 th
Standard from the Z.P. School at Pali. The said entry also clearly
goes to show the caste of the Petitioner is "Hindu-Maratha". The
copy of the relevant extract of the said General Register is produced
at Exhibit-H. Further the Petitioner's Bonafide Certificate issued by
Guru Krupa Vidyalaya at Ustane, Post Vadi, Taluka Ambernath,
duly signed by the Head-Master of the said school also Petitioner's
caste is shown as "Hindu-Maratha". The relevant copy of the
Bonafide Certificate is at Exhibit-I.
12. Thus, it is clear that, in order to avail the benefit of OBC Caste,
Petitioner has applied for Duplicate School Leaving Certificate,
which is issued by Z.P. School at Pali on 8th July 2015, stating his
caste to be "Hindu-Kunbi" and the said Caste Certificate is issued on
the basis of the fabricated document i.e. the entry relating to
Petitioner's uncle Vishnu Appa Thakare, which was found to be false
and fabricated.
13. It is pertinent to note that even the caste of the elder brother
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of the Petitioner, namely, Narayan Baliram Thakare, is mentioned
as "Hindu-Maratha" at Serial No.68 in the General Register
maintained by the Z.P. School at Pali. Narayan's caste remained to
be mentioned as "Hindu-Maratha" even in the General Register of
Z.P. School at Chirat, Taluka Ambernath. The relevant extract of the
said school is also produced at Exhibit-J.
14. The other brother of the Petitioner, namely, Kamlakar Baliram
Thakare, was the student of Z.P. School at Pali and in the General
Register maintained by the said school, at Sr. No.171, his caste is
also shown as "Hindu-Maratha". The relevant extract of the General
Register is produced at Exhibit-K.
15. Even in respect of Petitioner's cousin brother Rupesh Shivaji
Thakare, the entry made at Sr.No.268 in the General Register of Z.P.
School at Pali, his caste is mentioned as "Hindu-Maratha". The copy
of the said extract is produced at Exhibit-L. Even in his subsequent
school at Chirat, in the General Register at Serial No.770, the caste
of Rupesh Shivaji Thakare is mentioned as "Hindu-Maratha". Not
only in that school, but, even in the subsequent school of Guru Krupa
Vidyalaya at Usatane, Post Vadi, Taluka Ambernath, in the Bonafide
Certificate issued to Rupesh Shivaji Thakare, his caste is mentioned
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as "Hindu-Maratha". Those relevant extracts are also produced on
record at Exhibit-M.
16. Thus, in our considered opinion, there was more than
sufficient material before the Caste Scrutiny Committee and before
this Court also to show that the Petitioner belongs to the caste of
"Hindu-Maratha". However, with an intention to avail the benefit
given to the reserved caste, Petitioner has obtained the Caste
Certificate as belonging to "Hindu-Kunbi". As the said Caste
Certificate was obtained on the forged and false document, like, the
entry in General Register of Z.P. School of his uncle Vishnu Appa
Thakare, we are more than convinced that the Caste Scrutiny
Committee has rightly invalidated Caste Certificate of the Petitioner
and ordered initiation of criminal proceedings against him.
17. We are, therefore, neither justified nor inclined, in any way, to
interfere in the impugned order of the Caste Scrutiny Committee.
The Writ Petition, therefore, being without merits, stands dismissed.
18. Rule is discharged.
[DR. SHALINI PHANSALKAR-JOSHI, J.] [NARESH H. PATIL, J.]
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