Siddhi Suhas Shewale And Anr vs State Of Maharashtra Through ...
2021 Latest Caselaw 16875 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.8353 OF 2021

Siddhi Suhas Shewale & Anr.                            .. Petitioners
      Versus
The State of Maharashtra & Ors.                        .. Respondents


            ---
Mr.C.K.Bhangoji a/w Mr.V.A. Madane for the petitioners.
Mrs.P.N. Diwan, AGP for the respondent nos.1 and 2.
            ---
                       CORAM : R.D. DHANUKA
                                    ABHAY AHUJA, JJ.

                     DATE        : 4th December 2021
P.C.:-


.               Rule. Learned AGP for the respondent nos.1 and 2 waives

service. By consent of parties, petition is heard finally.

2. By this petition filed under Article 226 of the Constitution of

India, the petitioners have impugned the order dated 15th November 2021

passed by the respondent no.2 committee with further direction to verify

the caste certificates of the petitioners on merits in accordance with law.

3. It is the case of the petitioners that forefathers of the

petitioners originally hails from Pune District where great grandfather

namely Gopinath Kashinath Shewale was residing on rent at Bunglow

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No.219/B, Shivaji Nagar, Pune. Fathers of the petitioners had been

granted caste certificates by the Tahsildar and Executive Magistrate at

Pune on 29th November 1985 and 14th July 1987 as belonging to

Halba, Scheduled Tribe. Accordingly, the respondent no.2 committee

had granted caste validity certificates in favour of fathers of the

petitioners on 28th June 2000 and 20th August 2016 in pursuance to the

orders passed by this Court. The petitioners had been granted a caste

certificate by the Deputy Collector, Pune on 5th January 2011 and 30th

April 2017 respectively. The petitioners had applied to the respondent

no.2 committee for verification of their caste certificates for their

education purpose. Upon submitting proposals, the respondent no.2

committee called the vigilance cell report in case of the petitioners on

13th October 2021 however, at the verge of admission process, the

respondent no.2 passed an order dated 15th November 2021 cancelling

caste certificates of the petitioners on the ground that the petitioners

should obtain their caste certificates from their present place of residence.

4. Learned counsel for the petitioners states that vigilance

enquiry is already completed. The respondent no.2 however, rejected

the said applications only on the ground that the petitioners ought to

have obtained their caste certificates from Nagpur and not from Pune.

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5. Learned counsel placed reliance on the judgment of Full

Bench of this Court in case of Rajendra Shivram Thakur Vs. State of

Maharashtra & Ors., 2019 (4) Mh.L.J. 721 and more particularly

particular 59 in support of the submission that the Scrutiny Committee

was required to consider what is the place of residence of the petitioner or

his forefathers at the time of presidential order in respect of his

castes/tribes and whether the certificate issued is by the competent

authority of that particular area or not.

6. Learned counsel invited our attention to the document at

page 21 issued by Pune Nagarpalika in the name of Gopinath Kashinath

Shewale, the great grandfather of the petitioners and would submit that

the address of the great grandfather of the petitioners on the said

document is Pune. The said document would also clearly show that the

address of great grandfather of the petitioners at Pune on the said

document was in the year 1948. He submits that the impugned order

passed by this Court is contrary to the principles of law laid down in

case of Rajendra Shivram Thakur (supra).

7. Mrs.Diwan, learned AGP for the respondent nos.1 and 2 is

not able to distinguish the judgment of Full Bench of this Court in case

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of Rajendra Shivram Thakur (supra) in view of the documents annexed

to the petition by the petitioners and more particularly the document at

Exhibit 'B' at page 21 of the petition.

8. In our view, the view taken by the Scrutiny Committee is

contrary to the principles of law laid down by the Full Bench of this

Court in case of Rajendra Shivram Thakur (supra). The Scrutiny

Committee could not have rejected the applications on the ground that

the petitioners ought to have obtained caste certificate from the

Competent Authority at Nagpur though the address of the predecessor of

the petitioners on the date of presidential order i.e. 6 th September 1950

was of Pune.

9. We accordingly pass the following order :-

(i) Writ petition is allowed in terms of prayer clause (a).

(ii) The Scrutiny Committee shall make an endeavour to decide the

applications for verification of the caste certificates on its own merits

before 2.00 p.m. on 7th December 2021.

(iii) If the application made by the petitioners is allowed by the

Scrutiny Committee, the caste validity certificate should be issued

forthwith.

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(iv) It is made clear that directions issued by us to consider caste

validation claim on or before 7 th December 2021 shall not be used as

president in any other matter.

(v) The petitioners are directed to remain present before the

Competent Authority at 11.00 a.m. on 6th December 2021 for further

arguments.

10. Writ petition is allowed in aforesaid terms. Rule is made

absolute accordingly. No order as to costs. Parties to act on the

authenticated copy of this order.

        ABHAY AHUJA, J.                       R.D. DHANUKA, J.