Ku. Vaishali Manoharrao Ambulkar vs State Of Mah. Thr. Its Secty., And 2 ...
2017 Latest Caselaw 5440 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                                NAGPUR BENCH : NAGPUR.

                                          Writ Petition No.3461 of 2010



              Ku. Vaishali Manoharrao Ambulkar,
              Aged 29 years, 
              Resident of Plot No.67, Shakti Mata Nagar, 
              Kharbi Road, Nagpur.                                               .... Petitioner.

                                                          -Versus-

              1]       State of Maharashtra
                       through its Secretary, Department of Social Justice and 
                       Special Assistance, Mantralaya, Mumbai-400032.

              2]       Divisional Caste Certificate Scrutiny Committee No.3,
                       Nagpur Division, Nagpur, through its President.

              3]      Zilla Parishad, Gondia, 
                      through its Chief Executive Officer.              .... Respondents.
              -----------------------------------------------------------------------------------
              Shri  P.C. Madkholkar, Counsel for petitioner.
              Shri  A.Y. Kapgate, Counsel for respondent no.3.
              Shri  V.P. Maldhure, Assistant Government Pleader for respondent 
              nos.1 and 2.
              -----------------------------------------------------------------------------------

               Coram : R. K. Deshpande & 
                             Mrs. Swapna Joshi, JJ.

Dated : 02 nd August, 2017

ORAL JUDGMENT (Per R. K. Deshpande, J.)

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The petitioner was employed as a teacher in the school run by

Zilla Parishad, Gondia in a post reserved for Special Backward Class

category appointed after 13-06-1995. Since the appointment of the

petitioner was as a candidate belonging to Special Backward Class

category, the caste certificate dated 26-08-2008 produced by the

petitioner at the time of appointment was forwarded to the Divisional

Caste Scrutiny Committee, Nagpur for scrutiny and verification. The

Committee has invalidated her caste claim for 'Sali' (Special

Backward Class) category by an order dated 31-05-2010, which is the

subject matter of challenge in this petition. The petition was

admitted and the service of the petitioner was protected by the

impugned order.

2] With the assistance of the learned Counsels appearing for the

parties, we have gone through the order passed by the Committee.

The Committee holds the certain documents indicate the caste of the

petitioner as 'Salvi' and the father of the petitioner who hails from

Madhya Pradesh migrated in the State of Maharashtra on 01-07-1975

for the employment purposes. The Committee holds that the

petitioner has failed to establish her claim for 'Sali' (Special

Backward Class) category. Hence, the caste certificate dated

06-08-1998 has been cancelled and confiscated. The Committee

also holds that the petitioner being a migrant from Pandhurna,

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District Chhindawara (Madhya Pradesh) after 13-10-1967, she is not

entitled for the benefits meant for Special Backward Class category

in the State of Maharashtra.

3] The petitioner has filed Civil Application (W) No.1592 of

2017 for amendment of petition incorporating therein a plea that

some of her blood relatives are granted validity certificate and the

copies of it are placed on record. For the reasons stated in the

application, we allow the said application. The necessary

amendment be carried out within a period of 8 days from today.

4] The Scrutiny Committee is required to re-examine the case of

the petitioner in the light of the document namely the caste validity

certificate produced by the petitioner before this Court. The Special

Backward Class category was created for the first time by

Government Resolution dated 13-06-1995. The caste 'Sali' was

earlier notified as Other Backward Class category at Serial No.132

and by Government Resolution dated 13-06-1995, it is deleted from

the list of Other Backward Class categories and included in the list

of Special Backward Class categories. The learned Counsel for the

respondents rely upon the Government Resolution dated 06-02-2010

to oppose the claim of the petitioner on the ground that the father of

the petitioner was not the permanent resident in State of Maharashtra

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prior to 13-10-1967 and hence the petitioner is not entitled to the

benefits meant for Special Backward Class category in the State of

Maharashtra.

5] In our view, all the aforesaid aspects are required to be

considered by the Scrutiny Committee. Hence, we set aside the order

passed by the Scrutiny Committee and remand the matter back to it

for fresh consideration.

6] In the result, writ petition is allowed. The order dated

31-05-2010 passed by the Divisional Caste Certificate Scrutiny

Committee No.3, Nagpur, is hereby quashed and set aside. The

matter is remitted back to the said Committee to decide the caste

claim of the petitioner afresh. The petitioner shall be permitted to

place on record all such documents which may be in her possession

in support of her claim for Special Backward Class category as well

as the oral evidence in support of her claim. The petitioner to appear

before the Committee on 11-09-2017. The Committee to follow the

procedure and decide the caste claim within a period of six months

thereafter.

7] At this stage the learned Assistant Government Pleader after

consulting the officers from the Committee, makes a request for

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grant of one year time to decide the caste claim. Hence, the time is

extended for decision for a period of one year.

                                                 JUDGE                                             JUDGE




                            Deshmukh