Bombay High Court
Aadim Anusuchit Thakur Jamat ... vs The State Of Maharashtra And ... on 18 April, 2022
Bench: R.D. Dhanuka, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.71 OF 2021
WITH PIL/59/2021
MAHARASHTRA ADIWASI THUKUR JAMAT SEVA MANDAL
CHALISGAON AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioners : Mr. Mahesh S. Deshmukh
AGP for Respondents no.1 and 2 - State : Mr. S. G. Karlekar
...
CORAM : R. D. DHANUKA &
S. G. MEHARE, JJ.
DATE : 18-04-2022
PER COURT :-
Learned counsel appearing for the petitioners invited our
attention to the orders passed by this court, dated 22.09.2021
and 06.12.2021 in these Public Interest Litigations and submit
that this court has already issued direction in respect of the
Cabinet decision dated 03.09.2019 pursuant to which the
Government Resolution dated 13.09.2019 was issued, thereby
establishing additional Tribe Scrutiny Committees at Dhule, Gondia
and Chandrapur. The said Cabinet decision is sought to be
changed and a decision is taken now to do away with the Scrutiny
Committee at Dhule, Chandrapur and Gondia and have additional
Scrutiny Committees at Nandurbar, Nagpur and Gadchiroli, is not
supported by any cabinet decision.
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2. Learned counsel for the petitioners also invited our attention
to the views already expressed by the Principal Bench in order
dated 08.03.2019 in Writ Petition No. 8264 of 2017 ( Nikhil
Suryakant Padalwar Versus State of Maharashtra and others ) and
other companion matters. In those matters, it was contended
that the various Caste Scrutiny Committees though claiming to be
functional, have not been expediting the process of issuance or
refusing the caste validity certificates.
3. This Court, in the said order, recorded the statements made
in the affidavit as undertakings rendered by the State Government
given to the Court that they were in process to form two Satellite
Committees at Dhule and Kinwat to reduce the burden of existing
committees of Nandurbar and Aurangabad, respectively. All the
necessary infrastructure facilities including staff would be made
available to these Satellite Committees to function smoothly. It
was stated in the affidavit that these two Satellite Committees
would be formed within a period of four weeks. The State
Government also stated that it would establish other six (6)
committees by following the due process so as to reduce the
pendency of matters with all the Committees. It was further
stated that, the Committees would be manned through the
process of transfer, new recruitment and deputation. Members
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would be deputed from other departments on deputation for the
fixed period of two years. There would be arrangement of
contractual personnel as per requirement. The committees would
be given target to dispose all the pending matters in time bound
manner within one year's time.
4. This Court, in the said Judgment, recorded assurance given
by the learned Government Pleader that the Department would
now gear up and would create additional Committees at Dhule and
Kinwat. If the law provides and permits for creation of additional
Committees in one District, then that possibility must be explored.
This Court noticed that Pune and Thane are over burdened.
5. Learned counsel for the petitioners also invited our attention
to the order dated 17.12.2018 passed by this Court in Writ Petition
10753 of 2018 (Varsharani Ramkrishna Wagh Versus State of
Maharashtra and others) dealing with the similar issue of shortage
of caste scrutiny committees. This Court recorded that the State
Government had ensured that some vacancies which were vacant
would be filled in. In paragraph no. 12 of the said order it is
recorded that, in every District there is committee to scrutinize the
claims of Scheduled Castes and Other Backward Classes. This
position may not be comparable because Tribal population is lesser
than that of the Scheduled Castes and Other Backward Classes,
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but still there is a sizable Tribal population in Thane, Nashik,
Dhule, Nandurbar Districts, apart from Jalgaon, Pune and Raigad.
Therefore, there is scope for increasing the number of
committees. In fact, for entire Khandesh Region there cannot be
only one committee at Nandurbar. This Court expressed
displeasure in view of the Government not informing to the Court
till date, as to why an additional committee cannot be set up at
Dhule so that Nandurbar Committee is not over burdened.
6. Learned counsel appearing for the parties invited our
attention to the cabinet decision approving appointment of
additional committees and appointment of 140 staff members with
approval of finance department. Various steps have been taken
pursuant to the said Cabinet decision. It is submitted that,
however, suddenly the Cabinet Minister concerning with the
subject over looked the decision taken by the cabinet and the
State Government and decided to change the name and
headquarters of newly constituted Committees such as Dhule,
Chandrapur and Gondia and same to be remained at Dhule as
Nandurbar and naming them as Nandurbar-2, Gadchiroli-2 and
Nagpur-2, respectively.
7. In view of these submissions made by the learned counsel
for the petitioners, learned A.G.P. invited our attention to the
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affidavit in reply filed by the State Government on 07.01.2022 in
these two public interest litigations and more particularly to
paragraphs no. 8 and 9, and submits that, presently there is
shortage of manpower in the Government and due to Covid-19
pandemic situation there were also difficulties in recruitment for
newly created posts, therefore by keeping both the committees at
one place, it will facilitate the work of both the existing Nandurbar
Committee and the newly formed Nandurbar-2 Committee.
In paragraph no. 9 of the said affidavit it is submitted that, the
Government of Maharashtra has taken decision of establishment of
Dhule Committee with the approval of Cabinet initially. However,
in view of outbreak of corona virus, the Government of
Maharashtra vide Government Resolution dated 20.05.2021, has
changed the name and headquarters of Dhule Committee at
Nandurbar as Nandurbar-2 committee. However, the said decision
is being put up for post facto cabinet approval.
8. The learned A.G.P. states that the State Government has
never refused to create and appoint the Caste Scrutiny Committee
and additional committee for Dhule District on the ground of lack
of funds. According to learned A.G.P., the arrangement could not
be made because of shortage of manpower and due to Covid-19
pandemic situation.
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9. The learned A.G.P. seeks time to make a statement whether
the decision taken by the Cabinet Minister has been placed before
the Cabinet of the State Government for establishment of Dhule
committee which was taken earlier, or not for approval.
10. Learned A.G.P. did not dispute that the decision was taken to
establish additional Scheduled Tribe Scrutiny Committees at
Palghar, Nashik, Dhule, Kinwat, Yawatmal, Gondia and
Chandrapur. Pursuant to the cabinet decision, Government
Resolution was also issued on 13.09.2019 taking a decision to
establish the additional separate Caste Scrutiny Committees at the
aforesaid places and the same were already established at the
said places, some time in the month of January-2022 and is in
operation till date.
11. After considering the decision passed by this Court,
representations were filed pointing out the difficulties faced by the
large number of stakeholders including students in not processing
the Caste Claims by the committees expeditiously as per
assurance and undertaking given before the Principal Bench and
after considering the decision taken by the Cabinet for formation
of separate committee for Dhule. We are of the prima facie view
that the learned Minister could not have taken decision thereby
directly or indirectly overruling the decision of the State
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Government for formation of several committees and for
appointment of staffs with consent of the Finance department.
12. Be that as it may, even if we accept the statements made in
the affidavit in reply filed by the State Government that the
decision of the Cabinet Minister was by way of arrangement due to
shortage of manpower in the government and due to Covid-19
pandemic situation, the fact remains that such decision taken by
the learned Minister thereby totally giving go by to the decision
already taken by the Cabinet for entire State of Maharashtra,
cannot stand in the eyes of law.
13. We, accordingly, direct the State Government to take steps
to set up the committee in terms of the decision taken by the
Cabinet and take appropriate decision in accordance with the
statement made and undertaking given by the State Government
not later than six weeks from today.
14. We have noticed that a large number of students and other
stakeholders are required to approach this High Court for
appropriate orders and direction against caste scrutiny committees
to dispose off caste claim expeditiously and are seriously
prejudiced in view of shortage of caste scrutiny committees for
disposing the caste claims.
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15. The State Government shall take appropriate action
immediately for setting up additional committees in compliance of
the decision by the learned Cabinet Minister.
16. In the meanwhile, we direct the State Government to set up
a temporary committee for Dhule district at the convenient
location in the Dhule district, within a period of three weeks from
today and shall appoint requisite staff and committee members so
as to make committee operational till the decision taken by the
Cabinet for formation of several committees is implemented.
17. Place the matter on board under the caption of "direction"
on 13th June 2022.
18. The parties shall act on the authenticated copy of this order.
19. The learned A. G. P. agrees to communicate this order to the
respondents - State for necessary information and compliance.
( S. G. MEHARE ) ( R. D. DHANUKA )
JUDGE JUDGE
rrd
