Bombay High Court
Govind Shivram Chikhale vs The State Of Maharashtra And Ors on 30 May, 2017
Bench: Anoop V. Mohta
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1819 OF 2008
Govind Shivram Chikhale ...Petitioner
Vs.
The State of Maharashtra & Ors. ...Respondents
Mr. H.S.Venegavkar a/w. Mr. Tejas Dhotre,
Advocate for the Petitioner
Mr. A.B. Vagyani G.P. with Mr. P.G. Sawant, AGP for the State
CORAM : ANOOP V. MOHTA &
M.S. KARNIK, JJ.
DATED :30TH MAY, 2017
ORAL JUDGMENT (PER ANOOP V. MOHTA, J):
1. Matter is called from the final hearing board as specially
fixed.
2. The Petitioner has challenged impugned order dated
10th January 2008 issued by the Scheduled Tribe Certificate
Scrutiny Committee Nashik Divison Nasik (thus Scrutiny
Committee) whereby his caste claim being belongs to
"Mahadev Koli" (Scheduled Caste), was rejected. Thereby
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also directed to cancel and confiscate the certificate issued by
Executive Magistrate, Malegaon.
3. This Court on 19th March 2008 admitted the Petition.
However, no interim relief of protecting his service was
granted except early hearing.
4. Learned Counsel appearing for the Petitioner has placed
on record Government resolution dated 25th June 2008
whereby caste "Taru-Navadi", based upon the material
available is included in the concerned State list as item No.25
at No.18 it is written Bhoyee-Navadi", "Taru-Navadi". The
said resolution is placed on record and marked "X" for
identification.
5. Learned AGP concede to this position and submitted
that this is in the list of schedule Nomadic Tribe. The
submission therefore, also made that the Petitioner's relatives'
certificates which were part of record reflect the caste as
"Hindu Taru" - the relatives include elder brothers and
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maternal aunt.
6. In view of above and taking overall view of the matter
and for giving one more opportunity to the Petitioner and in
view of the subsequent and substantive development of law
and as the Petitioner is inclined to submit the case and claim
the caste based upon the Government circular in question, we
see no reason not to grant an opportunity in the interest of
justice. It is also submitted on behalf of the Petitioner that
there is no other remedy available to the Petitioner to deal
with or claim such caste as "Taru- Navadi". Therefore, we are
inclined to interfere with order dated 10th January 2008, by
keeping all contentions open of both the parties, and set aside
the same with direction to re-decide the caste claim of the
Petitioner based upon the notification dated 25th June 2008 in
accordance with law. Therefore, following order:
ORDER
(i) Order dated 10th January 2008 is quashed
and set aside.
(ii) Caste Scrutiny Committee to reconsider the
caste of the Petitioner based upon the notification
dated 25th June 2008 and to pass order on its own
merits on new entry in the list as Nomadic Tribe/
caste "Taru-Navadi".
(iii) The Scrutiny Committee to pass the order in
accordance with law.
(iv) The Petition is disposed of accordingly with
no orders as to costs.
(M.S. KARNIK, J.) (ANOOP V. MOHTA, J.)
