Bombay High Court
Jyoti D/O Narayanrao More (After ... vs The Scheduled Tribe Caste ... on 28 June, 2017
Bench: V.A. Naik
wp6499.13.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.6499/2013
PETITIONER : Jyoti d/o Narayanrao More,
(after marriage Jyoti Vijay Ingle),
aged about 40 years, Occu : Service,
R/o Bhawani Vesh, At Post Daryapur,
District - Amravati.
...VERSUS...
RESPONDENTS: 1. The Scheduled Tribe Caste Scrutiny Committee,
through its Secretary, Irwin Chowk, Amravati.
2. The Head Master, Gayabai Raut Vidyalaya,
Yeoda, Tahsil Daryapur, Distt. Amravati.
--------------------------------------------------------------------------------------------------
Shri R.S. Parsodkar, Advocate for petitioner
Shri H.R. Dhumale, AGP for respondent no.1
--------------------------------------------------------------------------------------------------
CORAM : SMT. VASANTI A NAIK AND
ARUN D. UPADHYE, JJ.
DATE : 28.06.2017
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
By this petition, the petitioner challenges the order of the
Scrutiny Committee dated 9.10.2013 invalidating the claim of the
petitioner of belonging to Thakur Scheduled Tribe.
The petitioner claims to belong to Thakur Scheduled Tribe.
The petitioner secured a caste certificate to the said effect from the
Executive Magistrate, Akola on 22.9.1988. The caste certificate of the
wp6499.13.odt
petitioner was referred to the Scrutiny Committee for verification. The
petitioner tendered several documents before the Scrutiny Committee in
support of her caste claim. The Scrutiny Committee, however, rejected the
caste claim of the petitioner after holding that the petitioner was not able
to prove the same on the basis of documents and affinity test. The order
of the Scrutiny Committee is challenged by the petitioner in the instant
petition.
Shri Parsodkar, the learned Counsel for the petitioner
submitted that the Scrutiny Committee was not justified in rejecting the
caste claim of the petitioner though the petitioner had tendered
voluminous documents on record in support of her caste claim. It is
submitted that in the old documents pertaining to the grandfather and the
great grandfather of the petitioner "Thakur" was recorded in the caste
column. It is submitted that the Scrutiny Committee ought to have
granted due weightage to the old documents of the pre-independence era
to hold that the petitioner belongs to Thakur Scheduled Tribe. It is
submitted that during the pendency of the writ petition, the writ petition
filed by the real brother of the petitioner by name Manoj Narayanrao
More was decided and this Court has, by the judgment dated 14.10.2014
allowed the writ petition and held that Manoj Narayanrao More belongs
to Thakur Scheduled Tribe. It is submitted that after allowing the said
wp6499.13.odt
writ petition, this Court had directed the Scrutiny Committee to grant a
caste validity certificate of Thakur Scheduled Tribe to Manoj Narayanrao
More who is the real brother of the petitioner. It is submitted that in view
of the declaration granted by this Court in respect of the real brother of
the petitioner, the prayer made by the petitioner needs to be granted by
setting aside the order of the Scrutiny Committee.
Shri Dhumale, the learned Assistant Government Pleader
appearing on behalf of the Scrutiny Committee supported the order of the
Scrutiny Committee. It is submitted that though "Thakur" was recorded in
the caste column in the documents pertaining to the blood relatives of the
petitioner, the petitioner had failed to prove that the petitioner belongs to
Thakur Scheduled Tribe and not Thakur caste. It is fairly stated on
instructions from the Scrutiny Committee that Manoj Narayanrao More
who had filed Writ Petition No.2984/2003 is the real brother of the
petitioner and a caste validity certificate is issued by the Scrutiny
Committee in favour of Manoj More on 9.12.2014. The learned Assistant
Government Pleader stated that an appropriate order may be passed in
the circumstances of the case.
In view of the judgment in the writ petition filed by Manoj
Narayanrao More, it would be necessary to allow this writ petition also.
This Court has, after considering the various documents tendered by
wp6499.13.odt
Manoj Narayanrao More who is admittedly the real brother of the
petitioner, held that Manoj Narayanrao More has proved his claim of
belonging to Thakur Scheduled Tribe. This Court has, after considering
the caste validity certificates issued in favour of the relatives of Manoj
More, held that Manoj More had proved his claim of belonging to Thakur
Scheduled Tribe. On an appreciation of the material available in the case
of Manoj Narayanrao More which is similar to the material tendered by
the petitioner herein before the Scrutiny Committee, this Court has
directed the Scrutiny Committee by the judgment in the case of Manoj
More to issue a caste validity certificate in his favour. If that is so, on
parity, it would be necessary to pass a similar order in this writ petition
also and direct the Scrutiny Committee to issue a caste validity certificate
that the petitioner belongs to Thakur Scheduled Tribe.
Hence, for the reasons aforesaid and also for the reasons
recorded in the judgment dated 14.10.2014 in Writ Petition
No.2984/2003, this writ petition is allowed. The impugned order of the
Scrutiny Committee is quashed and set aside. It is hereby held that the
petitioner belongs to Thakur Scheduled Tribe. The Scrutiny Committee is
directed to issue a validity certificate to the petitioner that she belongs to
Thakur Scheduled Tribe, within two months.
wp6499.13.odt
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
