Bombay High Court
Anshu Devidas Thakur Under ... vs The State Of Maharashtra And ... on 2 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
27 WRIT PETITION NO.8192 OF 2021
Anshu d/o Devidas Thakur,
Age-17 years (Minor), Occ.: Student,
U/g father, viz. Devidas s/o Khandu
Thakur, Age - 44 years, Occ.: Service,
Presently residing at-
Flat No.10, Harisankalp Apartment,
Chavan Mala, Behind BITCO College,
Nashik Road, Nashik,
Tq.&Dist.: Nashik .. Petitioner
VERSUS
1. The State of Maharashtra
Department of Tribal Development,
Mantralaya, Mumbai-32
Through its Secretary
2. The Scheduled Tribe Certificate
Scrutiny Committee, Nandurbar
Division, Nandurbar,
Through its Member Secretary .. Respondents
...
Advocate for Petitioner: Mr.Sushant C. Yeramwar
AGP for Respondents: Mrs. M. A. Deshpande
...
CORAM: S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE: 02nd AUGUST, 2021
ORAL JUDGMENT (Per S. V. Gangapurwala, J.):
1. The learned A.G.P. accepts notice for both
the respondents.
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2. Rule. Rule returnable forthwith. With the
consent of parties matter is taken up for final
hearing.
3. The caste claim of the petitioner as Thakur
Scheduled Tribe has been invalidated.
4. Mr. Yeramwar, learned Counsel for the
petitioner submits that the old school record of
the petitioner's ancestors has been relied while
invalidating the caste claim of the petitioner,
however, at the relevant time the petitioner was
not in possession of the relevant birth extracts
of those persons. In the birth extracts of the
ancestors of the petitioner the caste is clearly
recorded as Thakur, whereas in the school record
the same was recorded as Bhat / Brahmbhat. The
learned Counsel submits that opportunity be given
to the petitioner to place on record the aforesaid
documents. The petitioner is going to appear for
the NEET examination in September-2021.
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5. The learned A.G.P. opposes the request of the
petitioner and submits that ample opportunity was
given to the petitioner to place-forth all the
documents, the petitioner was given opportunity to
file his say to the vigilance report and also
argue the matter. The copies of the birth extracts
produced by the petitioner also do not inspire
confidence due to various discrepancies in the
same vis-a-vis the school record.
6. We have considered the submissions canvassed
by the learned Counsel for the parties.
7. The matter pertains to the social status of
the petitioner. The petitioner has placed on
record the photocopies of the birth extracts of
some of the relatives whose school record was
relied while invalidating the caste claim.
Considering that the petitioner is intending to
appear for NEET examination and also the matter
pertain to the social status of the petitioner, we
are inclined to grant one more opportunity to the
petitioner to put-forth the additional documents.
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8. In light of that, we pass the following
order.
ORDER
I] The impugned order is quashed and
set aside.
II] The parties are relegated before the
scrutiny committee.
III] The petitioner shall appear before
the scrutiny Committee on 11.08.2021.
IV] The petitioner on the said date may
place on record the original / certified
documents on which the petitioner intends to
rely.
V] The committee may direct vigilance
to be conducted in respect of the additional
documents.
VI] Considering that the petitioner is
exploring possibility of admission to the
professional course, the scrutiny committee
may, if it is possible, endeavour to decide
the validation proceeding before the end of
September-2021.
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VII] The petitioner shall co-operate in
expeditious disposal of the proceeding.
VIII] Rule is accordingly made absolute in
above terms.
9. Writ Petition is accordingly disposed of. No
costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
marathe
