Mujjamil Musa Dange vs State Of Maharashtra Through ...
2021 Latest Caselaw 1772 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION (STAMP) NO.249 OF 2020

               Mujjamil Musa Dange                                           ..    Petitioner
                     v/s.
               The State of Maharashtra & Ors.                               ..    Respondents
                                                               ....
               Mr. Dilip Shinde, for the Petitioner.

               Mr. S.B. Kalel, AGP, for Respondent Nos. 1 to 3.
                                                   ....

                                                                 CORAM: S.C. GUPTE &
                                                                        SURENDRA P. TAVADE, JJ.

DATE : 27 JANUARY, 2021.

P.C:-

. Heard learned Counsel for the Petitioner and learned AGP for Respondent-State. Rule. Rule taken up for hearing forthwith by consent of Counsel.

2. The subject matter of controversy in the present petition concerns invalidation of the Petitioner's caste claim by Respondent No.2- Scrutiny Committee. The main point urged on behalf of the Petitioner is that his real uncle has been issued a caste validity certificate by the same scrutiny committee. It is submitted that this certificate was not considered by the scrutiny committee whilst assessing the merits of the Petitioner's application for validity of his caste claim, purportedly, on the ground that the uncle's validity certificate was not preceded by a vigilance 1 of 2 sg 2/2 18. wpst249-20.doc

report. This Court, in the case of Leena Sanjeev Thakur vs. State of Maharashtra1, has held that if there is nothing to show on record that any validity certificate of a close blood relation, relied upon by the applicant for his own caste validity certificate, is obtained by fraud or by misrepresentation, the scrutiny committee cannot take a contrary view disregarding the validity certificate of the close blood relation. In the present case, there is nothing to show that the Petitioner's uncle had played any fraud or made any misrepresentation whilst obtaining his caste validity certificate. In the premises, the scrutiny committee deserves to reconsider its decision in the light of the judgment of this Court in Leena Sanjeev Thakur's case.

3. Rule is, accordingly, made absolute and the petition is allowed by quashing and setting aside the impugned order dated 21 November 2019 and remitting the matter to Respondent No.2-Scrutiny Committee for a fresh consideration in accordance with law and in the light of the judgment of Leena Sanjeev Thakur. The committee shall consider the matter and take a final decision within a period of six weeks.

(SURENDRA P. TAVADE, J.)                                 (S.C. GUPTE, J.)




1    2019 (6) ALL MR 347
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