Gajanan S/O Bhanudas Shinde vs S.T. Caste Certificate Scrutiny ...
2021 Latest Caselaw 12011 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY


                               NAGPUR BENCH, NAGPUR


                          WRIT PETITION NO. 1851 OF 2021


                 Gajanan S/o Bhanudas Shinde,
                 Aged : 49 years, Occ. Service;
                 R/o New Khetan Nagar, Kaulkhed,
                 Akola                           ..... PETITIONER


                                    // VERSUS //

        1.       Scheduled Tribe Caste Certificate Scrutiny
                 Committee, Amravati Division, Old by
                 pass Road, Chaprashipura Amravati,
                 through its Vice Chairman/Jt. Commissioner.

        2.       Shri Saraswati Shikshan Samiti,
                 Janefal, Tq. Mehkar, Dist. Buldhana,
                 Through its President.

        3.       Shri Saraswati Primary Ashram School,
                 Deulgaon Sakarsha, Tq. Mehkar,
                 Dist. Buldhana,
                 through its Head Master.         .... RESPONDENTS


        =-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri Ankush P. Kalmegh, Advocate for petitioner.
        Shri N.R.Patil, A.G.P. for respondent no.1.
        =-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
                                     CORAM : SUNIL B. SHUKRE AND
                                             ANIL S.KILOR, JJ.

DATED : 27th August, 2021.

ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)

Heard.

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2. Rule. Rule made returnable forthwith. Heard

finally by consent of the parties.

3. The impugned order passed by the Scrutiny

Committee has been questioned for its correctness and

legality on several grounds. The most important grounds are

as under :

(a) The scrutiny committee as per the letter dated

04.02.2020 issued by Tahsildar, Akola found that the caste

certificate which was called upon to scrutinize is bogus. As per order dt.3.9.2021 paragraph The letter dated 04.02.2020 issued by Tahsildar, Akola was 3(a) is substituted never informed to petitioner. After passing impugned

order, petitioner sought/received information that the

original record pertaining to caste certificate is not

available at the office of Tahsildar, Akola and the reason for

non-availability original record is that it is destroyed in

fire. There is also a letter issued by Tahsildar, Akola on 3 rd

February, 2021 to the vigilance cell officer that the caste

certificate was indeed issued to petitioner but the record

was not available. The evidence relating to these facts of

the case needs to be considered by the Scrutiny Committee.

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        (b)        The second ground is that the invalidation of the tribe

claim of Vinod, cousin brother of the petitioner by the

concerned Scrutiny Committee, itself was stayed by the

Supreme Court. But, the Scrutiny Committee has accepted

the submission that the Tribe Claim of the brother of the

petitioner was invalidated by the concerned Scrutiny

Committee and therefore, the petitioner would also not be

entitled to get his caste certificate validated, which is wrong.

(c) The ground relating to invalidation of the tribe

claim of Vinod being considered by the Scrutiny Committee

was never brought to the notice of the petitioner and

therefore, the petitioner had no opportunity to explain the

factual situation.

(d) The Scrutiny Committee failed to consider the

oldest document of great grand father Gyanba Thakur which

was of the date of 13.01.1916, which clearly shows that the

great grand father of the petitioner was belonging to 'Thakur'

caste.

4. On going through the impugned order, we find

substance in the argument that the aforesaid aspects of the

case, as important as they are, have not been considered

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appropriately by the Scrutiny Committee. Such an order,

therefore, cannot sustain the scrutiny of law.

5. The writ petition is allowed.

6. The impugned order is hereby quashed and set

aside. The matter is remanded back to the Scrutiny

Committee for its fresh consideration and for taking decision

in the matter in accordance with law, within a period of eight

weeks from the date of appearance of the petitioner before

the Scrutiny Committee.

7. The petitioner is directed to appear before the

Scrutiny Committee on 6th September, 2021 at 11 a.m.

8. No coercive steps be taken against the petitioner

till the decision of the Scrutiny Committee and also for a

further period of two weeks from the date of the order, if the

decision goes against the petitioner.

9. Rule accordingly. No costs.

                        JUDGE                                            JUDGE
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