Bombay High Court
Puja D/O Vasantao Gujar vs State Of Maharashtra, Through ... on 25 April, 2017
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.581 OF 2017
Petitioner : Puja d/o Vasantrao Gujar,
Aged about 23 years, Occu. Student,
R/o Shanwarpura, Gangane College, Akot,
Tahsil Akot, District Akola.
-- Versus --
Respondents : 1] State of Maharashtra,
Through Secretary, Social Welfare Department,
Mantralaya, Mumbai.
2] Divisional Caste Verification & Scrutiny
Committee No.2, Amravati Division,
through Member,
Administrative Building, Collector Office,
Akola.
3] Sant Gadgebaba Amravati University,
through its Registrar, Amravati.
4] Sant Gajanan Maharaj College of
Engineering,
Shegaon, District Buldana,
through its Principal.
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Smt. S.W. Deshpande, Advocate for the Petitioner.
Shri A.M. Balpande, A.G.P. for Respondent Nos.1 & 2.
Smt. Vaishali Khadekar, Advocate for Respondent No.3
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CORAM : B.R. GAVAI & A.S. CHANDURKAR, JJ.
DATE : 25
APRIL, 2017.
th
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ORAL JUDGMENT :- (Per A.S. Chandurkar, J.)
Rule. Rule made returnable forthwith. Heard finally with
consent of the learned Counsel for the parties.
02] The petitioner is aggrieved by the order dated 07/11/2016
passed by the Scrutiny Committee invalidating the tribe claim of the
petitioner of belonging to 'Bhope' (Nomadic Tribe).
03] Smt. S.W. Deshpande, learned Counsel for the petitioner
submitted that in the documents relating to the pre-independence
period, it has been stated that the forefathers of the petitioner belonging
to 'Bhopi' tribe. She submitted that though it is the claim of the
petitioner of belonging to 'Bhope' tribe, the old documents show the
entry 'Bhopi'. She submits that in somewhat similar circumstances this
Court in Writ Petition No.3680/2014 has held that discarding old
documents only on the ground that the entries show the words 'Bhopa',
and 'Bhopi' is not justified and the Scrutiny Committee has to consider
all these entries in their proper perspective. She states that in the
impugned order, the Scrutiny Committee has invalidated the tribe claim
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of the petitioner only on the ground that the entry is shown as 'Bhope'.
She states that the petitioner is pursuing her education and her original
documents have not been returned by respondent no.3 due to which she
cannot pursue her future career.
04] Shri A.M. Balpande, learned Assistant Government Pleader
for the State opposed the aforesaid submissions. He relied upon the
documents collected by the Vigilance Cell to urge that the old entries do
not support the stand of the petitioner. He further submitted that the
relatives of the petitioner have admitted before the Vigilance Cell that
they belonging to 'Bhopi', which is an Other Backward Class.
05] Smt. Vaishali Khadekar, learned Counsel for respondent
no.3 submitted that the documents of the petitioner have been withheld
on account of invalidation of the caste claim as the petitioner had
obtained admission as a candidate belonging to the Nomadic Tribe.
06] Perusal of the order passed by the Scrutiny Committee
indicates that it has merely proceeded on the basis that the entry dated
19/02/1922 refers to the caste 'Bhopi' which according to the Scrutiny
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Committee is distinct from 'Bhope'. The Division Bench of this Court in
Writ Petition No.3680/2014 has in clear terms held that discarding old
documents because of use of word 'Bhopi' is not justified in absence of
any finding that 'Bhope' and 'Bhopi' were two distinct castes. It was,
therefore, necessary for the Scrutiny Committee to evaluate this aspect
in proper perspective.
07] Considering the aforesaid order passed by the Division
Bench, we are inclined to follow the same course by remanding the
proceedings to the Scrutiny Committee for reconsideration of the claim
of the petitioner in the light of aforesaid observations.
08] In view of aforesaid, the order dated 07/11/2016 passed by
the Scrutiny Committee is set aside. The proceedings are remanded to
the Scrutiny Committee for fresh adjudication in the light of
observations made in Writ Petition No.3680/2014. The respondent
nos.3 and 4 are directed to return the original mark-sheet and other
documents to the petitioner within four weeks from today. Till the
claim of the petitioner is validated, the petitioner shall not claim any
benefit of belonging to 'Bhopi' (Nomadic Tribe) for which she shall be
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entitled to if the claim is so validated.
Rule is made absolute in aforesaid terms. No costs.
JUDGE JUDGE
*sdw
