Rajendra S/O Kishor Mahindre vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 12858 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH : NAGPUR

                  WRIT PETITION NO. 4683 OF 2018


      Rajendra s/o Kishor Mahindre
      Aged 24 years, Occu : Service - Fireman,
      R/o Goregaon, Tq. Darwha, District
      Yavatmal.
      Presently residing at :
      Pramukh         Agnishaman      Adhikari,
      Bhaykhala, Pradeshik Samadesh Kendra,
      1st Floor, Jagtap Marg, Bhaykhala (E),
      Mumbai - 400 027.                                   ... PETITIONER


                 VERSUS


1.    The State of Maharashtra
      Through Principal Secretary, Social Justice
      Department, Mantralaya, Mumbai-32.

2.    The District Caste Certificate Scrutiny
      Committee, Yavatmal, through its Member
      Secretary (Committee for SC, ST, VJ, NT,
      OBC & SBC)

3.    Fire Department, Mumbai
      Through Chief Fire Officer, Main Building,
      1st Floor, Mahapalika Marg, Mumbai-
      400001.                                          ... RESPONDENTS
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Mr. R. S. Parsodkar, Advocate for Petitioner.
Mr. A. S. Fulzele, Additional Government Pleader for Respondent Nos.1
and 2.
Ms. Reshma R. Hirnewar, Advocate for Respondent No.3.


            CORAM       : A. S. CHANDURKAR AND ANIL L. PANSARE, JJ.

            DATE        : DECEMBER 12, 2022.


ORAL JUDGMENT - [PER A. S. CHANDURKAR, J.]

.           Rule. Rule made returnable forthwith and heard learned
Counsel for the parties.

2. The Petitioner challenges the order dated 29/6/2018 passed by the Respondent No.2 - Scrutiny Committee, Yavatmal, thereby invalidating the tribe claim of the Petitioner as belonging to 'Banjari' caste which is recognized as 'Vimukta Jati-A'.

3. The learned Counsel for the Petitioner submits that though the Petitioner had relied upon old documents prior to the cut off date, which is 21/11/1961, after the order was passed by the Scrutiny Committee the family members could find some more old documents of the year 1941 of the great grandfather of the Petitioner Bala @ Balchandra. He also submits that the Petitioner's cousin sister Janhavi Narayan Mahindre has been issued validity certificate on 20/12/2021 after considering the similar old documents which the Petitioner has now obtained. It is, therefore, submitted that the Scrutiny Committee may be directed to re- consider the Petitioner's claim in the light of aforesaid material.

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4. The learned Additional Government Pleader for Scrutiny Committee has opposed the Writ Petition. He has submitted that on the basis of documents submitted by the Petitioner himself the claim was decided.

5. On perusing the documents on record, it can be seen that the Petitioner seeks to rely upon the documents of the year 1941 of his great grandfather. Similarly the Petitioner seeks to take support of the validity certificate issued to his cousin sister. It is seen that the old documents of 1941 as well as the validity certificate granted to the cousin sister were not before the Scrutiny Committee when it decided the tribe claim. Considering the fact that such adjudication determines the social status of the candidate, it is found necessary to direct the Scrutiny Committee to consider the old documents as well as the validity certificate that are now sought to be relied upon by the Petitioner. Since these old documents were not before the Scrutiny Committee, it had no occasion to consider the same while passing the impugned order. Hence, to enable the Scrutiny Committee to reconsider the Petitioner's tribe claim based on the old documents and the validity certificate that has been obtained after passing of the impugned order, the order dated 29/6/2018 passed by the Scrutiny Committee invalidating the Petitioner's claim is set aside.

6. The proceedings are remitted to the Scrutiny Committee for fresh reconsideration in accordance with law, especially in the light of old documents and validity certificate issued to the Petitioner's blood relative as claimed. To enable the consideration of the Petitioner's claim, he shall 4/4 Judg.46.wp.4683.2018.odt

appear before the Scrutiny Committee on 26th December, 2022.

7. The Respondent No.2 - Scrutiny Committee shall consider the claim afresh on its own merits and in accordance with law. The necessary exercise be completed with a period of eight months from that period.

8. The services of the Petitioner were terminated on 10/8/2018. The Petitioner is free to take steps as permissible for seeking relief relating to his service, which is dependent upon the outcome of the final decision of the Scrutiny Committee.

9. With the aforesaid directions, the Writ Petition is disposed of.

                  (ANIL L. PANSARE, J.)                              (A. S. CHANDURKAR, J.)


                  Yadav VG




Digitally Signed ByVIJAYA
GOURISHANKAR YADAV
Signing Date:16.12.2022
18:33