Shah Ayyaz Ali Hamid Ali vs The Divisonal Caste Scrutiny ...
2017 Latest Caselaw 8431 Bom

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

                  Writ Petition No.6040 of 2011

  Shah Ayyaz Ali Hamid Ali,
  Aged about 24 years,
  Occupation - Teacher,
  R/o Gupta Layout,
  Hingoli Road,
  Washim, Dist. Washim.                           ... Petitioner


       Versus


  1. The Divisional Caste Scrutiny
     Committee No.2, Akola, through its
     President, Collector Office Premises,
     Administrative Builging,
     2nd Floor, Akola.

  2. The Sheikh Mistri Municipal Urdu
     School, Mumbai,
     through its Head Master,
     S.M.D. Road, Antop Hill,
     Wadala, Mumbai-32.

  3. The Education Officer (Primary),
     Office of Municipal Corporation,
     Lakhmal Road, Dadar (E),
     Mumbai.                                      ... Respondents


  Shri S.S. Dhengale, Advocate for Petitioner.
  Shri   A.M.   Deshpande,   Assistant   Government   Pleader   for 
  Respondent No.1.




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                Coram : R.K. Deshpande & M.G. Giratkar, JJ.

rd Date : 3 November, 2017

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

1. The claim of the petitioner for grant of validity

certificate as belonging to "Chhapparband" (Vimukta Jati-A

Category) is rejected by the Divisional Caste Certificate Scrutiny

Committee No.2, Akola, by its order dated 28-11-2011, which is

the subject-matter of challenge in this petition.

2. We have heard Shri Dhengale, the learned counsel for

the petitioner; and Shri Deshpande, the learned Assistant

Government Pleader for the respondent No.1/Caste Scrutiny

Committee. We have gone through the order impugned in this

petition. We do not find even a single document produced on

the record of the Committee showing the caste of the petitioner

or his predecessors or any of his blood relatives as belonging to

"Chhapparband" (Vimukta Jati-A Category). The learned

counsel for the petitioner has invited our attention to the caste

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validity certificate on page 32 of the petition and submits that

the real brother of the petitioner has been granted validity

certificate as a candidate belonging to Vimukta Jati-A Category.

We have gone through the order passed by the Committee.

Except saying that each case has to be decided on its own facts,

no reasons are recorded by the Committee. It seems that there is

no enquiry even as to existence of such certificate and its

issuance. We will have to, therefore, quash and set aside the

order passed by the Committee, which is impugned in the

present petition, with an order of remand.

3. In the result, the petition is allowed. The order

dated 28-11-2011 passed by the Divisional Caste Certificate

Scrutiny Committee No.2, Akola, is hereby quashed and set aside

and the matter is remanded back to the said Committee for

decision afresh on its own merits. The Committee is expected to

verify the certificate on page 32 of this petition, i.e. whether the

said certificate is fabricated or actually issued by the authority

concerned. The record of issuance of such certificate can be

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called and verified to find out whether there is a fraud actually

played in getting such certificate. The petitioner to appear

before the Committee on 27-11-2017. No separate notice shall

be issued to the petitioner. The Committee to decide the matter

within a period of three months from the said date and submit its

report to this Court.

4. Rule is made absolute in above terms. No order as to

costs.

            (M.G. Giratkar, J.)                     (R.K. Deshpande, J.)


   Lanjewar, PS