Amardeep Shambhuling Ganachari vs The State Of Maharashtra And ...
2017 Latest Caselaw 9083 Bom

                                          1                       W.P.No.13742/17

                                      UNREPORTED

                      IN THE HIGH COURT OF JUDICATURE
                                  AT BOMBAY

                                BENCH AT AURANGABAD.



                           WRIT PETITION NO.13742 OF 2017


          Amardeep S/o Shambhuling
          Ganachari, Age 28 years,
          Occ.Nil, R/o Mangalwar Peth,
          Kaij, Tq. Kaij, Dist.Beed.   ... Petitioner.

                           Versus

          1. The State of Maharashtra,
          through its Secretary,
          Social Welfare Department,
          Mantralaya, Mumbai-32.

          2. District Caste Scrutiny
          Committee, Beed.

          3. The Sub-Divisional Officer,
          Ambajogai, Tal.Ambajogai,
          Dist.Beed.                    ... Respondents.

                                   ...
          Mr.R.D.Khadap, advocate for the petitioner.
          Ms.R.P.Gour,   A.G.P. for the State.

                                              ...

                                   CORAM : S.V.GANGAPURWALA AND
                                           S.M.GAVHANE,JJ.

Date : 27.11.2017.

ORAL JUDGMENT (Per S.V.Gangapurwala,J.)

1. Rule.

2. Learned A.G.P. accepts notice of Rule

for all Respondents.

3. Rule returnable forthwith. With the

consent of parties, the petition is taken up for

final hearing.

4. Learned counsel submits that

application for issuance of caste certificate of

Bedajangam is rejected. Appeal preferred against

the said order is dismissed.

5. Learned counsel submits that birth and

death Register of the year 1962 records the caste

of the great grand father of the petitioner as

Bedajangam. Even the birth and death register

records the caste of the grand father of the

petitioner as Bedajangam. The School record of

the petitioner records caste as Bedajangam. The

father and the real brother of the petitioner are

issued with the caste certificate of Bedajangam.

Inspite of all this record, the application for

issuance of caste certificate of Bedajangam is

rejected.

6. Learned A.G.P. submits that no record

prior to 1951 is produced. After subjective

satisfaction, the application and appeal are

rejected.

7. At the time of issuance of caste

certificate, the authority has to be prima facie

satisfied. The School record of the petitioner

consistently records caste as Bedajangam. The

death and birth register of the year 1962 records

caste of the great grand father of the petitioner

as Bedajangam. The birth and death Register of

the year 1996 records the caste of the grand

father of the petitioner as Bedajangam. There is

not a single contra evidence on record. The

father and the real brother of the petitioner are

issued with the caste certificate of Bedajangam.

8. Considering above, there was no

impediment for issuance of the caste certificate

to the petitioner of Bedajangam caste. The said

certificate would have to undergo strict test at

the time of verification before the Committee.

9. In light of the above, the impugned

orders are quashed and set aside. The Respondent

No.3 shall issue the caste certificate to the

petitioner of Bedajangam as applied

expeditiously, preferably within one (1) month.

10. Rule accordingly made absolute in above

terms. No costs.

                          Sd/-                                   Sd/-

               (S.M.GAVHANE,J.)                     (S.V.GANGAPURWALA,J.)



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