Rekha Laxminarayan Thakur ... vs The Govt Of India & 2 Others
2017 Latest Caselaw 5077 Bom

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


                   Writ Petition No.6170 of 2004


  Rekha d/o Laxminarayan Thakur
  alias Rekha w/o Ashok Gupta,
  Aged about 40 years,
  Occupation - Service,
  R/o Main Road,
  Gandhi Chowk, 
  Bhandara.                                        ... Petitioner


       Versus


  1. The Government of India,
     Ministry of Steels and Mines,
     Shastri Bhawan, New Delhi,
     through its Secretary.

  2. The Dy. Director (R) & Member,
     Secretary Schedule Tribes, Caste
     Certificate Scrutiny Committee,
     Adivasi Vikas Bhawan,
     Opp. R.T.O., Giripeth,
     Amravati Road, Nagpur.

  3. The Director (G) (SG) & O.I.C.
     (Vigilance), Geological Survey
     of India, Central Region,
     Nagpur.                                       ... Respondents




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  Shri P.S. Chawhan, Advocate for Petitioner.
  Smt. Mugdha Chandurkar, Advocate for Respondent Nos.1 and 3.
  Shri S.M. Ukey, Additional Government Pleader for Respondent 
  No.2.


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

th Dated : 26 July, 2017

Oral Judgment (Per R.K. Deshpande, J.) :

1. This petition can be disposed of on the short ground of

inconsistency in the findings recorded by the Police Vigilance Cell

in its enquiry report submitted under the covering letter dated 8-

2-2002 and in the order passed by the Scrutiny Committee

considering this report of the Police Vigilance Cell.

2. The transfer certificate relied upon is dated 2-2-1962 in

the name of Laxminarayan Ramaswaroop Thakur, the father of

the petitioner, issued by Sule High School, Nagpur, showing his

caste as 'Bhunjiya', entered while admitting him in the School on

2-7-1945. The certificate bears Register No.3773, and the Police

Vigilance Cell report shows that such entry is in

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the name of Ashok Gupta, resident of Bhandara. The finding of

the Scrutiny Committee is that the entry at serial No.3793 in the

School Admission Register is in the name of one Maroti Jyotirao

Gajbhiye. Thus, there is total inconsistency in respect of the vital

document. The finding recorded by the Scrutiny Committee

cannot, therefore, be sustained and the matter will have to be

sent back to it for re-verification.

3. In view of above, the petition is allowed. The order

passed by the Scrutiny Committee on 30-6-2004, is hereby

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

Committee to make an enquiry afresh in accordance with the

provisions of the Maharashtra Scheduled Castes, Scheduled

Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes,

Other Backward Classes and Special Backward Category

(Regulation of Issuance and Verification of) Caste Certificate Act,

2000 and the rules framed thereunder. The petitioner to appear

before the Scrutiny Committee on 29-8-2017. The Committee

shall permit the petitioner to place the additional documents, if

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any, on record in support of her claim as belonging to the tribe in

question. The Committee to decide the matter within a period of

one year thereafter.

4. Rule is made absolute in above terms. There shall be no

order as to costs.

                             JUDGE.                                   JUDGE.

   Lanjewar