Bombay High Court
Yogita Devidas Nilawad vs District Caste Certificate ... on 1 October, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
(1) 1023-wp-6985-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6985 OF 2021
Yogita Devidas Nilawad,
Age: 21 years, Occ: Education,
R/o, Mahavir Chouk, Cidco ND2
Nanded Tq. & Dist. Nanded ..PETITIONER
VERSUS
1. District Caste Certificate
Scrutiny Committee, Nanded,
Dist. Nanded
Through its Member Secretary.
2. Gramin College of Engineering (GRACE)
Vishnupuri, Nanded,
Through its Principal.
...
Mr. Sagar S. Phatale, Advocate for the Petitioner.
Mr. S. K. Tambe, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 01st OCTOBER, 2021.
PER COURT:-
1. Rule. Rule made returnable forthwith.
With the consent of parties, matter is taken up for
final hearing at the stage of admission.
2. The tribe claim of the petitioner as
belonging to 'Zinga Bhoi', Nomadic Tribe (B) is
rejected.
3. The learned counsel submits that, the
document in the school record of the petitioner
(2) 1023-wp-6985-2021
depicts tribe of the petitioner as 'Zinga Bhoi',
Nomadic Tribe (B). However, the tribe column in
the father's school record is blank. If the
Committee was not satisfied with regard to the
documents on record, then ought to have conducted
vigilance in view of Rule 17 of the Maharashtra
Scheduled Castes, De-notified Tribes (Vimukta
Jatis), Nomadic Tribes, Other Backward Classes and
Special Backward Category (Regulation of issuance
and verification of) Caste Certificate Rules, 2012
(hereinafter referred to as 'Rules, 2012').
According to the learned counsel, the Committee has
failed to carry out the said exercise.
4. We have also heard the learned A.G.P.
5. It appears that, in view of the
insufficiency of the documentary evidence, the
Committee has invalidated the tribe claim. The
vigilance enquiry consisting of home enquiry and
local enquiry is not conducted. In such an
eventuality, Rule 17 of the Rules, 2012 would be
relevant.
6. In light of the above, impugned order is
quashed and set aside.
7. The parties are relegated before the
Committee. The petitioner shall appear before the
Committee on 12.10.2021. The Committee shall
conduct the vigilance including home enquiry and
(3) 1023-wp-6985-2021
shall take decision afresh on its own merits, in
accordance with law and policy, expeditiously and
preferably within a period of three (03) months
from the date of appearance of the petitioner.
8. If the petitioner has paid full fees, the
College shall not withhold the mark-sheet of the
petitioner only on the ground that validation
proceeding is pending.
9. The respondents may take further course of
action depending upon the judgment that would be
delivered by the Committee in the validation
proceeding.
10. Rule accordingly made absolute in above
terms.
(R. N. LADDHA) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/October-2021
