Bombay High Court
Pranav Dilip Wagh vs State Of Maharashtra Thr. ... on 24 September, 2021
Bench: R.D. Dhanuka, Abhay Ahuja
5.wp.5622.2021.odt
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DHANAPPA
ERAPPA CIVIL APPELLATE JURISDICTION
KOSHTI
Digitally signed by
DHANAPPA ERAPPA
KOSHTI
Date: 2021.09.24
WRIT PETITION NO. 5622 OF 2021
18:09:59 +0530
Pranav Dilip Wagh ... Petitioner
Vs
The State of Maharashtra through Secretary
& Ors. ... Respondents
Mr.R.K.Mendadkar, advocate for the Petitioner
Ms Kavita N. Solunke AGP for the Respondent/State.
CORAM : R. D. DHANUKA &
ABHAY AHUJA, JJ.
DATE : 24th SEPTEMBR, 2021
P.C. :
Rule. Learned AGP waives service. By consent of
parties taken up for fnal hearing.
2. By this petition fled under Article 226 of the
Constitution of India the petitioner prays for setting aside the order
dated 3rd September, 2021 passed by respondent No.2/ Committee
invalidating the Caste Certifcate issued to the petitioner.
3 In our order dated 20th September, 2021 we have set out
the controversy involved in this matter. After adverting to the
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judgment of the Full Bench of this Court in the case of Rajendra
Shivram Thakur Vs State of Maharashtra & Ors., 2019 (4) Mh.L.J.
721 and after adverting to Rule 5(2) of the Maharashtra Scheduled
Tribes (Regulation of Issuance and Verifcation of) Certifcate Rules,
2003 this Court directed the learned AGP to consider the judgment
of the Full Bench of this Court in the case of Rajendra Thakur
(supra) and to make an appropriate statement before this Court
whether the said judgment applies to the facts of this case or not.
4 In the facts of this case the grandfather of the petitioner,
namely, Murlidhar Sonu Wagh was granted a caste certifcate on
15th January, 1982 bearing S.R. No. 13/82 being resident of
Amalner, District Jalgaon in the State of Maharashtra. On the basis
of the said Caste Certifcate granted in favour of the petitioner, the
petitioner was issued a Caste Certifcate in Form "C" after
considering Rule 4(6) and 5(2) (a) and (b). The petitioner was
migrated to Kalyan, District :- Thane. In Clause (2) of the said
certifcate it is provided that the petitioner to ordinarily reside(s) in
village /town Kalyan, taluka :- Kalyan, of Thane District. It is further
provided that the petitioner had migrated at Kalyan, Tal. Kalyan,
Dist. Thane.
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5 In paragraph 60 of the judgment of the Full Bench of this
Court in the case of Rajendra Thakur (supra) it is held that the
candidate desirous of seeking a caste certifcate shall have to apply
to the Competent Authority having jurisdiction over the area or
place to which he/ she or his / her father or grandfather originally
belongs or was/ is an ordinary residents or native of that place. The
said proposition is, however, subject to exception in cases where
such applicants can produce tribe certifcate isued in favour of their
father or grandfather issued by Competent Authority, of their
original place of residence as on the date of presidential order of
their tribe.
6 This Court by an order dated 30th July, 2021 in Writ
Petition No. 2439 of 2021 fled by the petitioner against the State of
Maharashtra directed the petitioner to appear before the Caste
Scrutiny Committee and directed the said Committee to consider the
submissions made by the petitioner and respondent No.2 and to take
into consideration the decision of the Full Bench of this Court in the
case of Rajendra Thakur (supra).
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7. Perusal of the impugned order passed by the Secutiny
Committee indicates that the Scrutiny Committee has totally
misconstrued the judgment of the Full Bench of this Court in the
case of Rajendra Thakur (supra) and has rejected the caste claim of
the petitioner on the ground of jurisdiction of the Caste Scrutiny
Committee having jurisdiction in Thane district.
8 In our view, since it was the case of migration from one
district to another district, and the caste certifcate was granted in
favour of the grandfather of the petitioner at Amalner, Dist. Jalgaon,
the petitioner having been migrated from Amalner, Dist. Jalgaon to
Kalyan, Dist. Thane the Caste Scrutiny Committee Thane would
have jurisdiction to consider the said caste claim of the petitioner.
The case of the petitioner is covered by the judgment of the Full
Bench of this Court in case of Rajendra Thakur (supra) and more
particularly para 60 of the said judgment. The impugned order of
the Scrutiny Committee being contrary to the principles of law laid
down by this Court in the case of Rajendra Shviram Thakur (supra) ,
the impugned order is quashed and set aside.
9. A perusal of the said impugned order further indicates
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that the caste claim of the petitioner has not been rejected on
merits. We, accordingly, pass the following order.
ORDER
1. The impugned order dated 3rd September, 2021
annexed to the Writ Petition at Exh "A" is quashed and
set aside;
2. It is declared that respondent No.2 has territorial
jurisdiction to entertain the caste claim of the
petitioner. Respondent No.2 is directed to consider the
said caste claim of the petitioner on its own merits and
in accordance with law and shall render fnding
whether the petitioner belongs to Thakur Caste
(Scheduled Tribe) or not in the order that would be
passed. Respondent No.2 shall pass an order after
hearing the petitioner and shall make an endeavour to
dispose of the same on or before 15th October, 2021 and
shall communicate the same to the petitioner within a
period of one week thereafter;
3. If the order would be adverse to the petitioner, the
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petitioner would be at liberty to fle appropriate
proceedings against that order;
4. Rule is made absolute in the aforesaid terms.
5. The petitioner shall appear before the Scrutiny
Committee / Respondent No.2 on 29th September, 2021
at 11.00 a.m. The petitioner would be at liberty to
advance the oral submissions as well as submit the
written arguments along with documents.
10 There shall be no order as to costs.
11 Parties to act on the authenticated copy of this
order.
( ABHAY AHUJA, J. ) ( R. D. DHANUKA , J. )
