Bombay High Court
Ku Rekha Chandmal Varma vs Divisional Castescrutiny ... on 2 August, 2017
Bench: Ravi K. Deshpande
1 Judg. wp 2188.06.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Writ Petition No.2188 of 2006
Ku. Rekha d/o Chandmal Varma,
Aged about 29 years, Occ.-Service,
R/o.-Rajeshwar Nagar, Ajijpur Road,
Near Water Tank, Buldhana. .... Petitioner.
-Versus-
1] Divisional Caste Scrutiny Committee,
Amravati Division, Amravati, through its Chairman,
2] The Education Officer (Primary),
Zilla Parishad, Buldhana,
3] Zilla Parishad, Buldhana,
through its Chief Executive Officer,
4] Panchayat Samitee, Khamgaon,
Tah-Khamgaon, District- Buldana,
Block Development Officer. .... Respondents.
-----------------------------------------------------------------------------------
Shri P.R. Agrawal, Counsel for petitioner.
Shri V.P. Maldhure, Assistant Government Pleader for respondent
no.1.
-----------------------------------------------------------------------------------
Coram : R. K. Deshpande &
Mrs. Swapna Joshi, JJ.
Dated : 02 nd August, 2017
ORAL JUDGMENT (Per R. K. Deshpande, J.)
2 Judg. wp 2188.06.odt
The petitioner was employed as the Other Backward Class
category candidate on the post of 'Teacher' in the service of Zilla
Parishad, Buldhana on 25-07-1997. The claim of the petitioner as
belonging to "Sonar" (Other Backward Class) category was
forwarded for verification by the respondent no.1-Divisional Caste
Scrutiny Committee, Amravati, along with caste certificate dated
11-12-2003 produced by the petitioner for appointment, at the time of
appointment. By impugned order dated 26-10-2005, the claim of the
petitioner has been invalidated on the ground that in the Primary
School Leaving Certificate the caste is found to be recorded as
'Marwadi Sonar'.
2] The Committee holds that the 'Marwadi Sonar' is not
recognized as the Other Backward Class category in the State of
Maharashtra and it is only 'Sonar' which is an entry of recognized
Other Backward Class at Serial No.154. In the case of Rupesh s/o
Nandkishore Varma v. Divisional Caste Scrutiny Committee,
Amravati Division, Amravati and another delivered by us in Writ
Petition No.1633 of 2006 on 27-07-2017, we have held that merely
because there is a prefix 'Marwadi' to the caste 'Sonar' shown in the
documents, by itself, is not enough to invalidate the caste claim. The
Committee has not applied the affinity test and there does not seem
proper enquiry in the matter. We, therefore, set aside the decision of
3 Judg. wp 2188.06.odt
the Committee with an order of remand.
3] In the result, the writ petition is allowed. The order dated
26-10-2005 passed by the Divisional Caste Scrutiny Committee,
Amravati, is hereby quashed and set aside. The matter is sent back
to the said Committee for decision afresh in the light of the
observations made by this Court. The petitioner to appear before the
Committee on 11-09-2017. The Committee to decide the claim
within a period of six months thereafter.
4] Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Deshmukh
