Parth S/O Rahul Narsing vs District Caste Certificate ...
2021 Latest Caselaw 17775 Bom

                         1/4                       Judg.32.wp.2278.2021



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH : NAGPUR

                  WRIT PETITION NO. 2278 OF 2021


      Parth s/o Rahul Narsing
      Age 18 years (completed), Occupation -
      Education, Resident at - Plot No.57,
      Swagat, Saptagiri Nagar, Pusad 445 204.
      District Yavatmal.                      ...         PETITIONER


                 VERSUS


      District   Caste   Certificate  Scrutiny
      Committee, Yavatmal.
      Through its President/Secretary
      Office at - Dr. Babasaheb Ambedkar
      Social Justice Bhavan, Kalaswadi Camp,
      Darwha Road, Yavatmal.                      ...   RESPONDENT


Mr. S. K. Tambde, Advocate for Petitioner.
Mr. A. A. Madiwale, AGP for Respondent.


                               CORAM     : SUNIL B. SHUKRE &
                                           ANIL L. PANSARE, JJ.

                               DATE      : DECEMBER 21, 2021.
                           2/4                        Judg.32.wp.2278.2021



ORAL JUDGMENT [PER SUNIL B. SHUKRE, J.]


.          Heard Mr. Tambde, the learned Counsel for the Petitioner

and Mr. Madiwale, the learned AGP for Respondent - Committee.

2. Rule. Rule made returnable forthwith. Heard finally by

consent of the learned Counsel for the respective parties.

3. Although the proceedings for cancellation of validity

certificate which granted to Ku. Siddhi Rajendra Bande, the cousin of

the Petitioner are being initiated as per the impugned order, still we are

of the opinion that the Respondent - Committee can reconsider the

whole matter, as the Petitioner has subsequently come across a few

more validity certificates granted to his cousins and other relatives

from the paternal family. These validities stand in the name of Ku.

Surbhi Mahesh Narsing and Mayur Mahesh Narsing both issued by

Caste Certificate Scrutiny Committee, Amravati and Vipul Vikas

Narsing and Ku. Purva Pramod Narsing, both issued by Caste

Certificate Scrutiny Committee, Yavatmal and also few more persons.

3/4 Judg.32.wp.2278.2021

4. Since more validity certificates have been granted to the

members in the paternal family of the Petitioner, we are of the opinion

that the issue cannot be allowed to be settled finally for the Petitioner,

unless it is examined afresh in the light of the new evidence which has

come to the fore or otherwise an irreparable harm would occur to the

future claims and aspirations of the petitioner.

5. In this view of the matter, this Petition deserves to be partly

allowed.

6. The Writ Petition is partly allowed.

7. The impugned order is hereby quashed and set aside.

8. The matter is remanded back to the Respondent -

Committee for its fresh consideration and decision in accordance with

law.

9. The Petitioner is given liberty to file additional evidence

before the Respondent -Committee.

4/4 Judg.32.wp.2278.2021

10. The Respondent - Committee is directed to decide the caste

claim of the Petitioner, as expeditiously as possible, preferably within

three months from the date of appearance of the Petitioner before it.

11. The Petitioner to appear before the Committee on 3 rd

January, 2022.

12. Rule in above terms. No costs.

(ANIL L. PANSARE J.) (SUNIL B. SHUKRE, J.) Yadav VG

Digitally Signed ByVIJAYA GOURISHANKAR YADAV Signing Date:21.12.2021 17:19