Atulsingh Bhagwansingh Rajput ... vs The State Of Mah. Mumbai & Another
2017 Latest Caselaw 4675 Bom

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

                          WRIT PETITION NO. 1138 OF 2002

            Atulsingh Bhagwansing Rajput,
            aged about 20 years, C/o. Shri B.D.
            Rajput, Ambika Niwas, Shivshankar
            Nagar,Chikhali Road, Buldhana,
            Tah. And Distt.Buldhana         ......                           PETITIONER

                                  ...VERSUS...

 1.         The State of Maharashtra,
            through its Secretary,
            Social Welfare Department
            Mantralaya, Madam Cama Road,
            Mumbai-400 032.

 2.      The Divisional Caste Certificate
         Verification Committee, Amravati
         Division, Amravati.                                           RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri Adwait Manohar, Advocate for Petitioner.
 Shri S.M.Ukey, Addl.. Govt. Pleader for Respondents 1 and 2
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, AND
                                        Mrs. SWAPNA JOSHI, JJ.

th DATE : 18 JULY, 2017 .

ORAL JUDGMENT (Per DESHPANDE, J)

1] The challenge in this petition is to the order

dated 10.12.2001 passed by the Divisional Caste Certificate

Scrutiny Committee, Amravati, invalidating the caste claim of

the petitioner for Rajput Bhamta (Vimukta Jati-A). The claim

of the petitioner was forwarded to the said Committee for

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seeking admission in educational institution.

2] Heard Shri Adwait Manohar, the learned counsel

for the petitioner and Shri Ukey, the learned Additional

Government Pleader for respondents.

3] With the assistance of the learned counsels, we

have gone through the order impugned in this petition. The

Committee has acted upon certain documents procured by

the Police Vigilance Cell to invalidate the caste claim of the

petitioner. The petitioner has produced abut 23 documents

on record which included the order dated 14.04.1990 passed

by the District Magistrate, Buldhana, and order dated

02.01.1986 passed by the Commissioner, Amravati, in

respect of forefathers of the petitioner, holding that they

belong to Rajput Bhamta. It is not in dispute that the copies

of the documents obtained by the Police Vigilance Cell were

not supplied to the petitioner, which is the specific ground

raised by the petitioner in this petition.

4] In view of above, the order passed by the

Scrutiny Committee being based upon the documents which

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were not supplied to the petitioner, the same cannot be

sustained and it will have to be set aside with an order of

remand.

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

order dated 10.12.2001 passed by the Divisional Caste

Certificate Scrutiny Committee, Amravati, is hereby quashed

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

Committee to decide the caste claim of the petitioner afresh

in accordance with law. The petitioner to appear before the

Committee on 28.08.2017. No order as to costs.

                                   JUDGE                            JUDGE
 Rvjalit