Dr.Shamkant S/O Narayan ... vs The State Of Maharashtra & Another
2017 Latest Caselaw 4664 Bom

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


                          WRIT PETITION NO. 3473 OF 2000


            Dr. Shamkant Narayan Nandanwar,
            aged about 28 years,
            R/o. Nandanwar Bandhu Bhavan, 
            Indira Gandhi Ward, Bhandara,
            Tah. And Distt. Bhandara  ......                                 PETITIONER

                                  ...VERSUS...

 1.         The State of Maharashtra,
            through its Secretary,
            Department of Agriculture,
            Animal Husbandry, Dairy Development
            & Fisheries, Mantralaya, "Vistar
            Bhavan", Mumbai-400 032.

 2.      The Scheduled Tribe Caste Scrutiny
         Committee, Nagpur  ......                                       RESPONDENTS
 -------------------------------------------------------------------------------------------
 None for Petitioner.
 Shri V.P.Maldhure, Asstt. Govt. Pleader for Respondents
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, AND
                                        Mrs. SWAPNA JOSHI, JJ.

th DATE : 18 JULY, 2017 .

ORAL JUDGMENT (Per DESHPANDE, J)

1] None appears for the petitioner. Heard Shri

Maldhure, the learned Assistant Government Pleader

appearing for the respondents.

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          2]               The   petitioner   was   selected   for   the   post   of

Animal Husbandry Development Officer under the State

Government through Maharashtra Public Service

Commission. However, he was not granted an order of

appointment, as the caste validity certificate was not

produced. The claim of the petitioner was referred to the said

Committee for verification and by an order dated 15.03.2000,

the Committee has invalidated the caste claim of the

petitioner and the caste certificate dated 19.08.1988 has

been cancelled.

3] The claim of the petitioner was for Halba -

Scheduled Tribe category. From the order impugned, it

seems that the petitioner has avoided to submit original caste

certificate and he has also failed to cooperate with the

Committee for disposal of the matter in accordance with the

procedure prescribed. The Committee has also recorded the

finding, holding that the caste of the father of the petitioner is

shown as 'Koshti'. However, in the petition, it is the averment

that the documents prior to 1950 are available with the

petitioner showing the caste as 'Halba - Scheduled Tribe'.

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           4]              In   view   of   the   aforesaid   position,   we  grant   the

petitioner one more chance to appear before the Committee

to establish his claim for Halba - Scheduled Tribe Category.

We, therefore, allow this petition by setting aside the order

and directing the Committee to decide the claim afresh.

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

dated 15.03.2000 passed by the Committee is hereby

quashed and set aside. The matter is remitted back to the

said Committee for decision afresh in accordance with law.

The petitioner is directed to submit the original caste

certificate before the said Committee for verification and

scrutiny, failing which the Committee shall pass an order

rejecting the caste claim only on that ground.

Rule is made absolute in above terms. No order

as to costs.

                                JUDGE                             JUDGE

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