Bombay High Court
Anuja Shivling Damayyawar And ... vs State Common Entrance Test Cell ... on 14 March, 2022
Bench: R.D. Dhanuka, S. G. Mehare
1 10-WP.2685-22-Oral Jud.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2685 OF 2022
1. Anuja D/o Shivling Damayyawar,
Age : 19 years, Occu. Education,
2. Aditya S/o Shivling Damayyawar,
Age 18 years, Occu. Education,
Both R/o Sagroli, Tq. Biloli,
District Nanded. ... Petitioners
Versus
1. State Common Entrance Test Cell,
Maharashtra, Mumbai
8th Floor, New Excelsior,
A. K. Nayak Marg, Fort, Mumbai
through its Commissioner and
Competent Authority.
2. Scheduled Tribe Certificate
Scrutiny Committee,
Kinwat, District Nanded
presently working at Aurangabad
Through its Member Secretary. ... Respondents
...
Advocate for Petitioners : Mr. Mahesh Deshmukh h/f Mr. S. S.
Phatale.
AGP for Respondent No.2-State : Mr. A. S. Shinde.
Advocate for Respondent No.1 : Mr. M. D. Narwadkar.
...
CORAM : R. D. DHANUKA, AND
S. G. MEHARE, JJ.
DATE : 14.03.2022
2 10-WP.2685-22-Oral Jud.odt
ORAL JUDGMENT (PER R. D. DHANUKA, J.) :-
1. Rule. Mr. Shinde, learned AGP waives service of notice
for respondent-State. Mr. Narwadkar, learned counsel waives
service of notice for respondent No.1. Rule is made returnable
forthwith and heard finally by the consent of the parties.
2. By this petition filed under Article 226 of the
Constitution of India, the petitioners have prayed for a writ of
Certiorari and quashing and setting aside the impugned order
dated 09.02.2022 passed by Respondent No.2-Committee and
for declaration that the petitioners belong to "Mannervarlu"
Scheduled Tribe and to issue certificate of validity in their
favour in the prescribed form within the stipulated period.
3. In the earlier round of litigation, this Court passed an
order on 27.01.2022 in Writ Petition No.622 of 2022 thereby
setting aside the earlier order passed by the Scrutiny
Committee rejecting the caste claim of the petitioners and
remanded the matter back to the Scrutiny Committee with a
direction to the Committee to call for the original document
from Tahsil Office i.e. 1953 Shikmi Register relied upon by the
3 10-WP.2685-22-Oral Jud.odt
parites and considered by the Scrutiny Committee in the said
impugned order which was subject matter to that writ petition.
This Court also directed that the concerned teacher be also
called so as to enable the petitioners to confront the said
document to him.
4. Pursuant to the said order passed by this Court, the
Scrutiny Committee passed a fresh order on 09.02.2022
thereby invalidating the caste claim of the petitioners which is
the subject matter of this petition.
5. The Caste Scrutiny Committee considered the said 1953
document and rejected the caste claim of the petitioners again.
A perusal of the impugned order indicates that at that stage the
caste Scrutiny Committee had proposed to refer the matter to
hand writing expert as is reflected in the Roznama annexed at
page No.79 of the petition taking into custody the said
document 1953.
6. Mr. Deshmukh, the learned counsel for the petitioners,
on instructions, states that his clients has no objection if the
Caste Scrutiny Committee is allowed to refer the said
document for opinion of the hand writing expert. Statement is
4 10-WP.2685-22-Oral Jud.odt
accepted. In view of the statement made by the learned
counsel for the petitioners, the impugned order dated
09.02.2022 passed by Respondent No.2-Committee is quashed
and set aside. The applications filed by the petitioners for Caste
Validity Certificate are restored to file before the Scrutiny
Committee for deciding the matter afresh after obtaining the
hand writing expert opinion in respect of the said 1953
document.
7. It is made clear that the Caste Scrutiny Committee shall
decide the matter afresh on all the other issues also without
being influenced by the observations made and the conclusion
drawn in the impugned order dated 09.02.2022 expeditiously
and not later than 3 months from the date of communication
of this order. The petitioners to co-operate with the Scrutiny
Committee for disposing of the caste claims made by the
petitioners expeditiously and shall not seek any unnecessary
adjournment.
8. The order that would be passed by the Caste Scrutiny
Committee shall be conveyed to the petitioners within a period
of one (1) week from the date passing of the order.
5 10-WP.2685-22-Oral Jud.odt
9. If the order is in favour of the petitioners, respondent
No.2-Committee shall issue Caste Validity Certificates in favour
of the petitioners within a period of one (1) week from the
date of passing of such orders. If the order is adverse against
the petitioners, the petitioners would be at liberty to file
appropriate proceedings.
10. It is made clear that this Court has not expressed any
views on the merits of the matter. All contentions of both the
parties are kept open.
11. Writ Petition is disposed off in the aforesaid terms.
12. Rule is made absolute in the above terms. No order as to
costs.
13. Parties to act on the authenticated copy of this order.
(S. G. MEHARE, J.) (R. D. DHANUKA, J.)
...
vmk/-
