Amol S/O Murlidhar Waindeshkar vs Divisional Caste Scrutiny ...
2017 Latest Caselaw 8758 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



                         WRIT PETITION NO.6041 OF 2013



  Amol s/o. Murlidhar Waindeshkar,
  Aged 32 years, Occ. Service,
  Permanent r/o. Vaibhav Colony,
  Old Bye-pass road, Near
  Gondbaba Mandir, Dastur
  Nagar, Amravati, Tq. and Distt.
  Amravati.

  (Presently serving as Assistant
  Professor (Geography) at 
  Gondiya).                                ..........      PETITIONER


           // VERSUS //


  1. Divisional Caste Scrutiny
      Committee No.1, Amravati,
      Amravati Region, Amravati.

  2. State of Maharashtra,
      through It's Secretary, Tribal
      Development Department,
      Mantralaya, Mumbai.


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  3. Natwarlal Maniklal Dalal 
      College of Arts and Commerce,
      Gondiya, Through it's Principal,
      (Presently Mr.Yogesh M.Nasare).    ..........       RESPONDENTS

  ____________________________________________________________
                 Mr.Kuldeep Mahalle, Advocate for the Appellant.
                 Mr.N.R.Rao, A.G.P. for the Respondent Nos. 1 & 2.




                                     CORAM     :  R. K. DESHPANDE 
                                                        AND
                                                        M.G.GIRATKAR, JJ.

DATED : 16th NOVEMBER, 2017.

ORAL JUDGMENT (Per R. K. Deshpande, J) :

1. The claim of petitioner for 'Bhope' Nomadic Tribes - B

category of Backward class has been rejected by the Divisional Caste

Certificate Scrutiny Committee at Amravati by an order

dt.25.10.2013, which is the subject matter of challenge in this

petition.

2. The petitioner produced before the Committee about

fifteen documents, out of which ten documents indicated caste

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'Bhope', two documents indicated caste 'Bhopi' and one document

indicated caste as 'Hindu Mahanubhav'. All the documents are in

respect of blood relatives of the petitioner. The Committee has held

that 'Mahanubhav' is the caste which is included in the list of Other

Backward Category at Sr. No.94. Perusal of entry no.94 does not

show that simple 'Bhopi' or 'Bhope' is either included in the list of

O.B.C. or shown as synonym of 'Mahanubhav'. Amongst these

documents, the documents at Sr. Nos.9, 11 and 12 are the Caste

Validity Certificates issued by the Committee in the name of paternal

uncle and cousins of the petitioner.

3. We need not go into all other aspects of the matter dealt

with by the Committee as, in our view, the Committee is bound by

the declaration of the claim for Nomadic Tribe-B category of the

paternal uncle and cousins of the petitioner on 1.1.2005, 4.6.2004

and 21.12.2011. It is not the finding of the Committee that the

Certificates were obtained by fradulent means or by producing false

documents. In view of this, we do not find any point in remanding

the matter back to the Committee to consider the claim of the

petitioner afresh.

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4. In the decision of Division Bench of this Court in Writ

Petition No.6272 of 2011, dt.10.11.2017 (Ku. Pallavi d/o. Narendra

Pusadekar .vs. Regional Caste Scrutiny Committee, Amravati Region,

Amravati and another), in Para 4 thereof, it is observed as under :

4. In the decision of Division Bench of this Court in Apoorva d/o. Vinay Nichale vs. Divisional Caste Certificate Scrutiny Committee No.1 and Ors. reported in 2010 (6) Mh.L.J. 401, it is held in paragraph 7 that :

7. We thus come to the conclusion that when during the course of enquiry the candidate submits a caste validity certificate granted earlier certifying that a blood relation of the candidate belongs to the same caste as that claimed by the applicant, the committee may grant such certificate without calling for Vigilance Cell Report. However, if the Committee finds that the earlier caste certificate is tainted by fraud or is granted without jurisdiction, the Committee may refuse to follow and may refuse to grant certificate to the applicant before it. "

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5. In the absence of any finding that the Caste Validity

Certificates dt.1.1.2005, 4.6.2004 and 21.12.2011 are being obtained

by fraud or by producing false documents, the consistency in the

view taken by the Committee has to be maintained. There cannot be

a different view of the matter. Particularly, when the Committee has

taken a possible view of the matter while issuing Caste Validity

Certificates in the name of paternal relatives of the petitioner.

6. In the result, this Writ Petition is allowed.

The Order dt.25.10.2013 passed by the Committee

is hereby quashed and set aside.

It is declared that the petitioner has established his

claim for 'Bhope', Nomadic Tribe-B category, entry at Sr.

No.94 in the list published by the State Government.

Consequently, the Caste Certificate dt.30.6.2007

produced by the petitioner is held to be valid.

The Committee is, therefore, directed to issue

Validity Certificate in the name of petitioner within a

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period of four week from the date of production of a

copy of this Judgment.

7. Rule is made absolute in the above terms. No order

as to costs.

                    JUDGE                                               JUDGE
   



  [jaiswal]





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