Karamat Shah S/O Mohammad Shah vs State Of Maharashtra Through The ...
2017 Latest Caselaw 9437 Bom

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

                                WRIT PETITION NO. 2757 OF 2013

Karamat Shah s/o Mohammad Shah,
aged about 20 years, Occupation
Student, C/o Mohammad Shad s/o 
Abbas Shah, r/o Idgah Plots, Pajwa,
Shegaon, Tq. Shegaon, Distt. Buldana.                                     ... PETITIONER

                                                     VERSUS

1. State of Maharashtra, through
     the Secretary, Social Welfare
     Department, Mantralaya,
     Mumbai - 32.

2. Divisional Caste Scrutiny Committee
     No.2, Akola, through its Secretary,
     2nd Floor, Administrative Building,
     Collectorate, Akola, Tq. and Distt.
     Akola.                                                               ... RESPONDENTS

                                        ....
Shri C.A. Joshi, Advocate for the petitioner.
Shri V.P. Gangane, Assistant Government Pleader for respondent Nos.1 and 
2.
                                        ....

                                                                     CORAM :  R.K. DESHPANDE AND
                                                                                          M.G. GIRATKAR, JJ.

DATED : 08TH DECEMBER, 2017.

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

The challenge in this petition is to the order dated 28.11.2011

passed by the Scheduled Tribe Certificate Scrutiny Committee No.2, Akola,

invalidating the caste claim of the petitioner for 'Chhaparband', Vimukta

Jati-A and cancelling and confiscating the caste certificate dated 11.08.2008

issued by the Sub-Divisional Officer, Khamgaon.

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2. Before the Committee, the petitioner produced caste validity

certificate, dated 09.08.2010 in the name of Saidu Shah s/o Mohd. Shah, the

real brother of the petitioner validating his claim for "Chhaparband"

Vimukta Jati-A. The Committee rejects the claim on the ground that the

petitioner has failed to produce any documents prior to 1961 in support of

his claim for the said caste.

3. It is not in dispute that the caste of the blood relatives of

petitioner is shown in the documents issued on 28.01.1923 and 09.09.1927 is

shown as "Sandushah Fakir". In the light of Government Resolution dated

22.08.2007 and the decision of Division Bench of this Court in the case of

Apoorva Vinay Nichale .v. Divisional Caste Certificate Scrutiny Committee

No.1 and others, reported in 2010(6) Mh.L.J., 401, in our view the Committee

was required to validate the claim of the petitioner for "Chhaparband"

Vimukta Jati-A. The relevant portions in the decision of Apoorva's case, cited

supra is contained in para 7 and some portion of para 9, which are

reproduced below -

"7. We thus come to the conclusion that when during the course of enquiry the candidate submits a caste validity certificate granted earlier certifying that a blood relation of the candidate belongs to the same caste as that claimed by the applicant, the committee may grant such certificate without calling for Vigilance Cell Report. However, if the Committee finds that the earlier caste certificate is tainted by fraud or is granted without jurisdiction, the Committee may refuse to

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follow and may refuse to grant certificate to the applicant before it.

8. ...

9. ... In the circumstances, we are of the view that the committee which has expressed a doubt about the validity of caste claim of the petitioner and has described it as a mistake in its order, ought not to have arrived at a different conclusion. The matters pertaining to validity of caste have a great impact on the candidate as well as on the future generations in many matters varying from marriage to education and enjoyment, and therefore where a committee has given a finding about the validity of the caste of a candidate another committee ought not to refuse the same status to a blood relative who applies. A merely different view on the same facts would not entitle the committee dealing with the subsequent caste claim to reject it. There is, however, no doubt as observed by us earlier that if a committee is of the view that the earlier certificate is obtained by fraud it would not be bound to follow the earlier caste validity certificate and is entitled to refuse the caste claim and also in addition initiate proceedings for cancellation of the earlier order. In this view of the matter, we are of the view that the petition must succeed. Rule is made absolute in above terms. The Caste Scrutiny Committee is directed to furnish the caste validity certificate to the petitioner."

4. In view of the aforesaid position of law, writ petition needs to be

allowed.

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5. In the result, Writ Petition is allowed in the following terms.

"The order dated 28.11.2011 passed by Caste Scrutiny Committee No.2, Akola is hereby quashed and set aside. The caste certificate produced by the petitioner stating that he belongs to "Chhaparband" Vimukta Jati-A is held to be valid and proper. The Committee is accordingly directed to issue caste validity certificate in the name of petitioner within a period of one month from the date of production of the copy of this judgment".

6. Rule is made absolute in the aforesaid terms. No order as to

costs.

                JUDGE                                                                  JUDGE 
      
*rrg.