Bombay High Court
Deepak Bhagwat Jagtap vs The State Of Maharashtra And ... on 7 December, 2021
Bench: S.V. Gangapurwala, S. G. Dige
(1) 908-wp-5080-2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.5080 OF 2013
WITH CA/2717/2021 IN WP/5080/2013
DEEPAK BHAGWAT JAGTAP ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13500 OF 2021
YASHODEEP DEEPAK JAGTAP ..PETITIONER
VERSUS
STATE COMMON ENTRANCE TEST CELL & ORS.
..RESPONDENTS
...
Mr. Mahesh S. Deshmukh, Advocate for the
Petitioners.
Mr. P. S. Patil, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATED : 07th DECEMBER, 2021.
PER COURT:-
1. The petitioners in these writ petitions
are father and son. Their caste claim as belonging
to 'Thakur', Scheduled Tribe is invalidated.
2. Mr. Deshmukh, learned counsel for
petitioners submits that, second degree cousin of
the petitioner was issued with the validity
certificate. In the present case, the entry in the
(2) 908-wp-5080-2013
school record of the cousin grandfather of the
petitioner namely Manik Damu Jagtap of the year
1937 depicting caste as 'Hindu Brambhabhat' was
relied. No proper opportunity was given to the
petitioner to put forth the stand. It was at the
eleventh hour the copy of the same was given to
petitioners. The petitioners also on the date the
judgment was delivered had produced the copy of the
birth extract of the said Manik Damu Jagtap where
the caste is recorded as 'Thakur'. The petitioner
in Writ Petition No.13500/2021 is exploring
possibility of admission to the professional course
pursuant to the MH-CET examination. The learned
counsel further submits that, school records of
other paternal relatives of petitioners record
caste as 'Thakur' except the entry in the school
record of Manik Damu Jagtap. There is no other
contra entry.
3. Mr. Patil, learned A.G.P. submits that,
the petitioner produced birth extract of Manik Damu
Jagtap on the date the judgment delivered by the
Committee. There was no time for the Committee to
conduct vigilance in respect of the said document.
The Committee has considered all the aspect of the
matter and has decided it.
4. The Committee was required to decide the
validation proceeding in respect of the caste claim
of the petitioner in Writ Petition No.13500/2021
within a stipulated period, as the said petitioner
(3) 908-wp-5080-2013
was exploring possibility of admission to the
professional course. The Committee found the
document in the name of the cousin grandfather of
the petitioner of the year 1937 that is school
record of Manik Damu Jagtap depicting caste as
'Bramhabhat'.
5. It is contended by Mr. Deshmukh, learned
counsel for petitioners that, the copy of the birth
extract of Manik Damu Jagtap was produced before
the Committee. It appears that, the same was
produced on the date the Committee delivered the
judgment. The Committee also did not get proper
opportunity to conduct vigilance of the said
document. Of course, if the said document is an old
document, it would have an evidentiary value.
6. In light of that, to give proper
opportunity to the parties, we relegate the parties
to the Committee.
7. The judgments of the Committee in both the
writ petitions are quashed and set aside.
8. The parties are relegated before the
Committee. The parties may appear before the
Committee on 09.12.2021.
9. The Committee may conduct vigilance in
respect of the document produced by petitioners
that is birth extract of the Manik Damu Jagtap.
(4) 908-wp-5080-2013
After the vigilance is conducted in respect of the
said document, the petitioners be given opportunity
to file say. The Committee shall thereafter decide
the said proceeding on its own merits, in
accordance with law and preferably within a period
of 15 days from the date of appearance of
petitioners.
10. Writ Petitions are disposed of. No costs.
11. In view of disposal of Writ Petition,
Civil Application NO.2717/2021 is disposed of.
(S. G. DIGE) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/December-2021
