Bombay High Court
Tushar Manohar Parate vs The Scheduled Tribe Caste ... on 9 March, 2017
Bench: B.P. Dharmadhikari
Judgment wp2130.00
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 2130 OF 2000.
Tushar s/o Manohar Parate,
Aged about 17 years, Minor,
through next friend father - Manohar
s/o Mahadeorao Parate, aged about
47 years, Occupation - Service,
resident of Devrankar Layout,
Sahakar Nagar, Wardha. ....PETITIONER.
VERSUS
1. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Nagpur.
2. The Director, Laxminarayan Institute
of Technology, Amravati Road,
Nagpur. ....RESPONDENTS
.
-----------------------------------
Mr. V.V. Bhangde with Shri Tapadia, Advocate for Petitioner.
Mr. A. Chutke, Asstt. Govt. Pleader for Respondent No.1.
None for Respondent No.2.
------------------------------------
CORAM : B.P. DHARMADHIKARI &
MRS. SWAPNA JOSHI, JJ.
DATED : MARCH 09, 2017.
Judgment wp2130.00
ORAL JUDGMENT. (Per B.P. Dharmadhikari, J)
Heard Shri Bhangade, learned counsel with Shri Tapadia, learned
counsel for the petitioner and Shri Chutke, learned A.G.P. for respondent
no.1. None appears for respondent no.2. Respondent no.2 is an institute in
which petitioner has taken education and obtained his B.Tech. Qualification.
2. Submission of petitioner is he is not found guilty of any fraud or
tampering of records for the purpose of procuring caste certificate, by the
Scrutiny Committee. Vigilance Cell Authorities have not complied with the
directions issued by the Hon'ble Supreme Court in a judgment reported at
AIR 1995 SC 94 (Kum. Madhuri Patil vs. State of Maharashtra), and have
not recorded statement of elder members in the family by paying visit to
home. Thus, when all documents shows that caste is recorded as 'Halba',
there is no tampering or interpolation, the order of invalidation passed by
the Scrutiny Committee on 13.03.2000 is unsustainable. By way of
abundant precaution, our attention is invited to plea sought to be added by
way of amendment by moving Civil Application No. 2604/2016. Prayer in
the alternative is that, though the order of invalidation may be upheld, the
educational qualification secured by the petitioner should be protected.
Judgment wp2130.00
3. Learned A.G.P. is strongly opposing the petition. According to
him, petitioner was given full opportunity and he did not adduce any
evidence to demonstrate that he belongs to Halba Scheduled Tribe. The
Vigilance Cell has carried out necessary inquiry, collected documents and
even after receipt of that report, due opportunity was given to petitioner.
Petitioner therefore, has suppressed old documents in which caste was
recorded as 'Koshti'. The Scrutiny Committee has applied affinity test and
then invalidated the caste claim of petitioner. According to the learned
A.G.P., as there is no jurisdictional error or perversity, petition is liable to be
dismissed.
4. Material on record shows that petitioner is born on 24.12.1981
and caste certificate showing that he belongs to Halba Scheduled Tribe is
dated 23.02.1994. Thus, he was hardly 13 years old at that time, hence,
necessary documents and affidavit in support of caste claim must have been
procured by elders in the family.
5. When order of Scrutiny Committee is perused in this background,
the scrutiny committee has looked into total 12 documents. In all
documents caste of petitioner has been recorded as Halba. Only in one
document pertaining to his father, produced by uncle by name Ramesh
Judgment wp2130.00
Laxman Parate and procured by the police vigilance cell, caste has been
shown as 'Koshti'. In the light of this document the scrutiny committee
found it necessary to apply affinity test. That test has been applied after
giving due opportunity to petitioner.
6. The vigilance report was served upon the petitioner and he was
given time to file his reply and oppose. This opportunity was taken by him.
It cannot therefore be said that the petitioner do not got any chance to
oppose the vigilance report or to adduce evidence.
7. Though there is a document in the shape of birth register carrying
entry dated 14.06.1947 about relative on paternal side mentioning caste as
Halba, that by itself cannot be decisive. In this situation, though the
vigilance authorities have found it tampered with, in the light of document
in which caste has been recorded as Koshti and findings on affinity test, we
are not inclined to interfere with the order of invalidation dated 13.03.2000.
That order is accordingly maintained.
8. However, as already noted above, caste certificate was obtained
when petitioner was minor. All records of school pertaining to petitioner
mention his caste as Halba. The scrutiny committee has not found him or
Judgment wp2130.00
any body else in the family involved in any interpolation or tampering of
records. We therefore, find that in this case education undertaken by the
petitioner needs to be protected.
9. Judgment of Full Bench of this Court reported in case of Arun
Vishwanath Sonone .vrs. State of Maharashtra and ors (2015 (1) Mh.L.J.
457), considers desirability and eligibility of such protection qua
employment. Reasons recorded therein equally apply to the present facts.
10. In this situation, we protect the education and degree obtained by
the petitioner from respondent no.2 Institute on the basis of his caste
certificate. We allow Civil Application No.2604/2016. Necessary
amendment be carried out within a period of two days. Writ Petition is
however, dismissed. The order of Scrutiny Committee dated 13.03.2000 is
maintained.
11. B.Tech. Degree obtained by the petitioner from respondent no.2
Institute is protected, subject to petitioner filing an undertaking with the
Registry of this Court, with the Scrutiny Committee and with respondent
no.2 College, that neither petitioner nor his progeny shall claim the status
and benefits as belonging to Halba (Scheduled Tribe). The said undertaking
Judgment wp2130.00
be filed within a period of six weeks from today.
12. We accordingly discharge Rule and dispose of Writ Petition. No
costs.
JUDGE JUDGE
Rgd.
