Bombay High Court
Ku.Amruta Bhikamsinha Sapkal vs The State Of Mah.Thr.Social ... on 22 June, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 72 OF 2001
Ku. Amruta d/o Bhikamsinha Sapkal,
R/o. "Dwarka", Raigad Colony, Khamgaon,
Tahsil Khmgaon, District Buldhana,
through her natural guardian father
Shri Bhikamsinha Sapkal ...... PETITIONER
...VERSUS...
1. The State of Maharashtra, through
Social Welfare Department, Mantralaya,
Madam Cama Road, Mumbai-400 032.
2. Divisional Caste Certificate Verification
Committee, Amravati Division,
Amravati ...... RESPONDENTS
AND
WRIT PETITION NO. 881 OF 1998
Miss. Rashmi d/o Bhikamsingh Sapkal,
aged about 18 years, Occ. Student
R/o. "Shriram Bhawan", Raigad Colony,
Kelanagar, Khamgaon, District Buldhana ...... PETITIONER
...VERSUS...
1. Divisional Caste Certificate Verification
Committee, Amravati Division,
Amravati (M.S.)
2. Director of Social Welfare,
Maharashtra State, Pune,
3. The State of Maharashtra, through
Social Welfare Department, Mantralaya,
Madam Cama Road, Mumbai-400 032....... RESPONDENTS
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Shri A.A.Naik, counsel for Petitioners in both petitions.
Shri S.M.Ukey, AGP for Respondents in both petitions
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CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
DATE : 22 nd JUNE, 2017 .
ORAL JUDGMENT
The oral prayer made by Shri A.A.Naik, the learned
counsel for the petitioners to add prayer clauses in the petition is
allowed.
Necessary amendment be carried out forthwith.
2] Both these petitions are filed by real sisters
challenging the separate orders dated 12.12.2000 and
17.02.1998 respectively passed by the Divisional Caste
Certificate Verification Committee, Amravati Division,
Amravati, invalidating their claim for "Rajput Bhamta -
Vimukta Jati".
3] Before the Scrutiny Committee, the reliance was
placed on the validity certificates 12.06.1995 and 23.10.1991
issued in the name of the real sister of the petitioner and the
uncle, certifying that their claim for "Rajput Bhamta - Vimukta
Jati" is held to be validated. The Scrutiny Committee
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disregarded both these documents after recording the finding
that in the School Admission Register of the father of the
petitioners, the caste of the father of the petitioners is shown
as "Rajput".
4] Subsequently, the father of the petitioners was
granted validity certificate as per the order dated 24.07.2008
passed by the Scrutiny Committee. Archana, another real
sister of the petitioners was also granted caste validity
certificate showing that her claim as belonging to "Rajput
Bhamta - Vimukta Jati" is held to be valid on 12.06.1995.
Another certificate dated 08.11.2012 issued by the Scrutiny
Committee certifying the caste claim of Ajitsingh, real brother
of both these petitioners, is held to be valid as a candidate
belonging to "Rajput Bhamta - Vimukta Jati". Though the
certificate gives the name as "Ajitsingh Bhikamsingh Sarkar",
it is pointed out to us that the change in the name was
published in the Official Gazette and instead of "Ajitsingh
Bhikamsingh Sapkal", the name is changed as "Ajitsingh
Bhikamsingh Sarkar".
5] In the decision of the Division Bench of this
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Court in Apoorva Vinay Nichale vrs Divisional Caste
Certificate Scrutiny Committee No.1 and others, reported
in 2010 (6) Mh.L.J. 401, it is held in paragraph 4 as under;
"4.We have considered the matter and we are of the view
that the petitioner's caste claim that she belongs to Kanjar
Bhat - Nomadic Tribe ought to have been accepted by the
Committee merely on the basis that identical caste claim of
her sister that she belongs to Kanjar Bhat has been allowed
by the Committee, even apart from the Government
Resolution. We are of the opinion that the guidelines
provided by the said Govt. Resolution are sound and based
on sound principles. It would indeed be chaotic otherwise. If
the relationship by blood is established or not doubted, and
one such relative has been confirmed as belonging to a
particular caste, there is no reason why public time or money
should be spent in the committee testing the same evidence
and making the same conclusion unless of course the
Committee finds on the evidence that the validity of the
certificate of such relation has been obtained by fraud."
6] In view of the aforesaid decision and the facts
involved in the present case being similar, the controversy no
longer remains res-intergra. The orders passed by the
Scrutiny Committee will have, therefore, to be set aside with
a direction to the respondent No. 2 - the Divisional Caste
Certificate Verification Committee, Amravati Division,
Amravati, to issue separate validity certificates in the name of
both the petitioners, certifying that their claim for "Rajput
Bhamta - Vimukta Jati" is held to be valid and correct.
7] In the result, the petitions are allowed. The
orders dated 12.12.2000 and 17.02.1998 passed by the
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Divisional Caste Certificate Verification Committee, Amravati
Division, Amravati, invalidating the caste claim of the
petitioners for "Rajput Bhamta - Vimukta Jati" are hereby
quashed and set aside. Respondent No. 2 - Divisional Caste
Certificate Verification Committee, Amravati Division,
Amravati, is directed to issue separate validity certificates in
the name of both the petitioners, certifying that their claim for
"Rajput Bhamta - Vimukta Jati" is held to be valid and
correct. The certificates be issued within a period of two
months from the date of first appearance of the petitioners
before the Scrutiny Committee. The petitioners to appear
before the Scrutiny Committee on 10.07.2017.
Rule is made absolute in above terms. No order
as to costs.
JUDGE JUDGE
Rvjalit
