Nikita Laxman Maske vs State Of Maharashtra Through ...
2021 Latest Caselaw 4695 Bom

                                                                  12-wp5436-19.doc

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION


                        WRIT PETITION NO.5436 OF 2019


      Nikita L. Maske                                           ...Petitioner
                 V/s.
      The State of Maharashtra & Ors.                           ...Respondents


      Mr.R.K. Mendarkar with Ms.Komal Gaikwad for the Petitioner.

      Mr.Rajan S. Pawar, AGP for the State- Respondent Nos.1 to 3.

                                  CORAM : R.D. DHANUKA &
                                          V.G. BISHT, JJ.

DATE : 15TH MARCH, 2021.

P.C. :-

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

India, the petitioner has prayed for quashing and setting aside the

impugned order and judgment dated 18th October, 2011 passed by

the respondent no.2 Committee with further direction to the

respondent no.2 Committee to issue the certificate of validity in

respect of the caste certificate issued by the respondent no.3 in

favour of the petitioner.

2. It is the case of the petitioner that the petitioner belongs to

Thakar, Scheduled Tribes which is recognized as Scheduled Tribe in

terms of Constitution (Scheduled Tribes) Order,1950 as amended by

Scheduled Castes and Scheduled Tribes Orders (Amendment) Act,

12-wp5436-19.doc

1976. The petitioner was granted caste certificate by the respondent

no.3 after confirming genuineness of documents placed on record on

21st July, 2007 certifying that the petitioner belongs to Thakar,

Scheduled Tribe.

3. The petitioner moved to the respondent no.2 Committee

for verification of caste certificate in the year 2020 for education

purpose. She also submitted voluminous documents before the

respondent no.2 Committee including School Leaving Certificate of

her cousin great grandfather namely Sakharam Bhiku Maske issued

on 8th April, 1926.

4. The respondent no.2 Committee called for vigilance cell

report from its Vigilance Cell Officer in the case of the petitioner. The

Vigilance Cell Officer during the course of enquiry verified the vital

documents in the nature of school record of cousin great grandfather

i.e. Sakharam Bhiku Mhaske showing his caste as Thakar as on 8 th

April, 1926 and another school record of real grandfather of the

petitioner showing his caste as Thakar as on 29th October, 1946. The

Vigilance Cell also confirmed the genuineness of the documents

produced by the petitioner. The Vigilance Cell Officer also recorded

the statement of the father of the petitioner in regard to triats,

characteristics, traditions and customs etc. which was furnished by

the father of the petitioner.

12-wp5436-19.doc

5. The petitioner was thereafter called for hearing by the

respondent no.2 Committee on 28 th September, 2011. The

respondent no.2 Committee passed the impugned order on 18 th

October, 2011 invalidating the tribe claim of the petitioner.

6. The petitioner has impugned the said order on various

grounds.

7. Mr.Mendadkar, learned counsel for the petitioner tenders

a copy of the judgment deliver by the Division Bench of this Court on

8th January, 2021 in case of Smt.Jayshree Subhash Suryawanshi

@ Smt.Jayshree Nitin Thakur vs. The State of Maharashtra &

Ors. and and would submit that the grounds on which the caste

validity certificate of the petitioner was invalidated by the Committee

are negatived by this Court in the said detailed judgment delivered on

8th January, 2021. We are informed by the learned counsel for the

petitioner that the respondents State has not impugned the said

judgment dated 8th January, 2021 passed by this Court before the

Hon'ble Supreme Court till date. Statement is accepted.

8. Learned AGP for the respondents is not in a position to

distinguish the said judgment in case of Smt.Jayshree Subhash

Suryawanshi @ Smt.Jayshree Nitin Thakur (supra).

9. In our view, the grounds on which the caste validity

certificate was granted in favour of the petitioner has been

12-wp5436-19.doc

invalidated by the Scrutiny Committee are all negatived by the

detailed judgment of this Court in case of Smt.Jayshree Subhash

Suryawanshi @ Smt.Jayshree Nitin Thakur (supra). The said

judgment clearly applies to the facts of this case. We are respectfully

bound by the said judgment.

10. In our view, there is no substance in any of the

contentions raised by the petitioners in the affidavit in reply. In our

view all the said contentions are contrary to the view already

expressed by this Court and the same are accordingly rejected.

11. We therefore, pass the following order :-

a). The writ petition is made absolute in terms of prayer

clauses (a) and (b).

b). The respondent no.2 Committee is directed to issue

certificate of validity in respect of the caste certificate issued by the

respondent no.3 in favour of the petitioner within two weeks from

today.

c). The writ petition is made absolute in aforesaid terms.

There shall be no order as to costs.

d). All parties to act on the authenticated copy of this order

duly authenticated by the Sheristedar of this Court.

(V.G. BISHT, J.)                                  (R.D. DHANUKA, J.)

  Vasant           Digitally signed
                   by Vasant A. Idhol

  A. Idhol         Date: 2021.03.16
                   17:39:57 +0530