Aishwarya D/O Rajesh Mahajan vs State Of Maharashtra, Thr. Its ...
2022 Latest Caselaw 1148 Bom

                                                         Judgment WP 6097.2018.odt




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

                  WRIT PETITION NO. 6097 OF 2018

   Aishwarya D/o Rajesh Mahajan Aged about 18
   years, Occ. Student, R/o, Ward No.12, Juni Vasti,
   Murtijapur, Tq. Murtijapur, District - Akola
                                                         .. Petitioner

                        Versus

1) The State of Maharashtra through its Secretary,
   Scheduled Castes, Vimukta Jatis, Nomadic Tribes,
   Other Backward Classes and Special Backward
   Category Welfare Department, Mantralaya Annex,
   Mumbai-32

2) The District Caste Certificate Scrutiny Committee
   for Scheduled Castes, Vimukta Jatis, Nomadic
   Tribes, Other Backward Classes and Special          .. Respondents
   Backward Category through its Chairman Akola

3) Shri. Sant Gadge Baba Amravati University,
   Amravati, Through its Registrar
4) Professor Ram Meghe College of Engineering and
   Management, Badnera, Amravati, Through its
   Principal.



Mr. S.J.Kadu, Mr.A.J.Mirza, and Ms.P.P. Moon Advocates for petitioner.
Mr. A. S. Fulzele, Addl.G.P. for respondent Nos.1 & 2.
Ms. Renuka Sirpurkar, Advocate for respondent No.3.
Mr. R. D. Bhuibhar, Advocate for respondent No.4.



                          CORAM :           SUNIL B. SHUKRE AND
                                            ANIL L. PANSARE, JJ.

DATED : 01/02/2022

PAGE 1 OF 5 Judgment WP 6097.2018.odt

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Hearing was conducted through video conferencing

and the learned counsel agreed that the audio and visual quality was

proper.

(2) Leave to amend the cause title is granted, by

changing the name of respondent No.2 into The District Caste

Certificate Scrutiny Committee. Amendment be carried out forthwith.

(3) Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of the learned counsel for the parties present

before the Court through video conferencing.

(4) It is seen from the impugned order that it proceeds

on the basis that "Kalal"(dyky) is a caste which has been declared to be

Other Backward Class category at Sr.No.254 in the Government

Resolution notified on 13/10/1967, however, on going through this

Government Resolution it is seen that there is no entry at Sr.No.254

and the last entry ends at Sr.No.180 and it includes caste "Davri" (nojh)

in the list of Other Backward Classes. It also appears to us that such

PAGE 2 OF 5 Judgment WP 6097.2018.odt

castes as "Kalal"(dyky), "Kalar"(dykj), "Lad"(ykM), "Ladvak"(ykMod),

"Gaud"(xkSM), "Kalal"(dyky), and "Shivhare"(f'kOgkjs) are included in the

category of Other Backward Classes vide Government Resolution dated

09/08/1995 and this inclusion finds at Sr.No.254. Perhaps, it is this

Government Resolution the Scrutiny Committee may have wanted to

refer to, but, the Scrutiny Committee has referred to the Government

Resolution dated 13/10/1967 and also found an entry at Sr.No.254 as

including the caste "Kalal"(dyky), in the category of Other Backward

Class. This is an error committed by the Scrutiny Committee, may be

due to non-application of mind on its part, but, it is an error which

cannot be ignored in law and therefore, we are of the opinion that this

matter deserves to be remanded back to the Scrutiny Committee for its

fresh consideration and decision.

(5) In view of the above, the petition is allowed. The

impugned order is hereby quashed and set aside. The matter is

remanded back to the respondent No.2 for fresh consideration of caste

claim of the petitioner in accordance with law.

(6) We direct the Scrutiny Committee to decide the

caste claim of the petitioner after giving adequate opportunity of

PAGE 3 OF 5 Judgment WP 6097.2018.odt

hearing to the petitioner, as expeditiously as possible, preferably within

six months from the date of receipt of the order.

(7) We further direct that whenever the petitioner is

directed by the respondent No.2 to appear before it or to submit any

document, the petitioner shall comply with those orders and shall not

seek any adjournment for any reason, unless the reason is beyond

control of the petitioner.

(8) We further direct that provisional degree certificate

be issued to the petitioner, if the petitioner has emerged successful in

the graduation examination subject to the condition that the

respondent Nos.3 and 4 shall be entitled to cancel the provisional

degree certificate issued to the petitioner, in case the caste claim of the

petitioner is invalidated and the order of invalidation has attained

finality and also further condition that, if the order of invalidation has

attained finality, the petitioner shall return the degree certificate to the

respondent Nos.3 and 4 and shall give an undertaking to this effect to

the respondent No.3 within two weeks from the date of the order.

(9) We further direct that, if the caste claim of the

PAGE 4 OF 5 Judgment WP 6097.2018.odt

petitioner is invalidated by the respondent No.2 Committee, such

adverse order shall not take effect for a period of two weeks from the

date of passing of the order.

               (10)                  Rule accordingly. No costs.



               (11)                  Miscellaneous Applications, if any, also stand

               disposed of accordingly.




                          [ANIL L. PANSARE, J.]                    [ SUNIL B. SHUKRE, J.]


               KOLHE




Digitally signed byRAVIKANT
     CHANDRAKANT KOLHE
      Signing Date:01.02.2022
                        16:26
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