Sushilkumar S/O Ramlalsingh ... vs State Of Maha. Thr. Secretary, ...
2022 Latest Caselaw 6864 Bom

Judgment

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

                  WRIT PETITION NO.3399 OF 2020

Sushilkumar s/o Ramlalsingh
Thakur, age 41 years,
Occupation service, r/o Mata Toli,
Rajendra Ward, Gondia,
Ta. and district Gondia.                 ..... Petitioner.

                          :: V E R S U S ::

1. State of Maharashtra, through its
Secretary, Social Welfare & Social
Assistance Department,
Mantralaya, Mumbai-32.

2. District Caste Certificate Scrutiny
Committee, Nagpur, through its
Member Secretary, Dr.Babasaheb
Ambedkar Social Justice Bhavan,
Second Floor, Shraddhanandpeth,
Deekshabhoomi Road, Nagpur.

3. The Superintendent of Police,
Gondia, district Gondia.                  ..... Respondents.

=========================================
Shri Shankar Borkute, Advocate for the Petitioner.
Shri D.P.Thakare, Additional Government Pleader for the
Respondents.
=========================================

CORAM        : A.S.CHANDURKAR & URMILA JOSHI-PHALKE , JJ.

DATE : 19/7/2022

ORAL JUDGMENT (Per : A.S.Chandurkar, J.)

1. Heard Shri Shankar Borkute, learned Advocate for the

petitioner and Shri D.P.Thakare, learned Additional Government

Pleader for the respondents. Rule. Rule made returnable forthwith.

.....2/-

Judgment

wp3399.20 35

Heard finally by consent of learned counsel for the parties.

2. The challenge raised in this writ petition is to the order

dated 30.7.2019 passed by the Scrutiny Committee thereby

refusing to consider the petitioner's Caste Certificate for verification.

The petitioner belongs to 'Rajput Bhamta' and he had made Online

application seeking verification of his caste claim. According to the

Scrutiny Committee, the documents prior to 1961 were not annexed

to the proposal.

3. The learned counsel for the petitioner submits that the

documents of the years 1916 and 1956 are available with the

petitioner. These documents would be relied by the petitioner while

seeking verification of his caste certificate.

4. In that view of the matter, the order dated 30.7.2019 is

set aside. The petitioner is permitted to make a fresh application

seeking issuance of Validity Certificate in terms of the Caste

Certificate as issued. The petitioner can rely upon the old

documents prior to 1961 in support of his claim. If such claim is

made by the petitioner in the prescribed form, the Scrutiny

Committee shall verify the petitioner's caste claim in accordance

with law and after giving due opportunity to the petitioner within a

period of one year from receipt of such application. Till the

.....3/-

Judgment

wp3399.20 35

proceedings are decided by the Scrutiny Committee, the services of

the petitioner shall not be disturbed only on account of absence of

the Validity Certificate.

5. With these directions, the writ petition is allowed and

disposed.

6. Rule is made absolute in the aforesaid terms with no

order as to costs.

        (URMILA JOSHI-PHALKE, J.)               (A.S.CHANDURKAR, J.)


!! BrWankhede !!          Digitally signed
                          by BHUSHAN
BHUSHAN                   RANA
RANA                      WANKHEDE
WANKHEDE                  Date:
                          2022.07.21
                          15:30:29 +0530




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