Vishal Shalikram Wasu vs The District Caste Scrutiny ...
2022 Latest Caselaw 11316 Bom

                                                    1                      wp6554.22.odt

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

                        WRIT PETITION NO.6554/2022
     Vishal Shalikram Wasu,
     aged about 19 years, Occ. Student,
     r/o At Divthana, Post Peth,
     Tq. Chikhali, Dist. Buldhana.                              ...PETITIONER

                              ...V E R S U S...

     The District Caste Scrutiny Committee,
     District Buldhana, through its Secretary
     and Research Officer, Dr. Babasaheb Ambedkar
     Social Justice Bhavan, Trisaran Chowk
     Chikhli Road, Buldhana-443 001           ...RESPONDENT

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Ms Deepali V. Sapkal, Advocate for petitioner.
Ms N. P. Mehta, A.G.P. for respondent.
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CORAM:- SUNIL B. SHUKRE & ANIL L. PANSARE, JJ.

DATED :- 09.11.2022

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

Rule. Rule is made returnable forthwith. Heard

finally by consent of learned counsel for the parties.

2. It is stated by learned A.G.P. that the petitioner did

not cooperate properly with the Scrutiny Committee in

enabling the Scrutiny Committee to expeditiously decide the

caste claim of the petitioner. However, considering an 2 wp6554.22.odt

admitted fact, that Roznama is not maintained by the

Scrutiny Committee and also the fact that while the hearing

fixed by the Committee was on 15.09.2022, the petitioner

received notice of the hearing on 17.09.2022, we are of the

opinion that the Committee is conducting proceedings of

verification and validation of the caste/tribe claims, in a very

disorganized manner, bordering on indiscipline on the part of

the Scrutiny Committee.

3. When the nature of the authority exercised by the

Scrutiny Committee, a quasi judicial one, is well known to it,

it is not appropriate on the part of the Scrutiny Committee to

be reluctant to start a Roznama or case diary and maintain it

properly. The original record of the present case has been

produced before us. And it reflects very poorly on the

manner in which procedural requirements of the quasi

judicial proceedings have been met by the Scrutiny

Committee. It would, therefore, be advisable for the Scrutiny

Committee, Buldhana to take a lesson or two from this case

and start maintaining Roznama in each and every proceeding 3 wp6554.22.odt

in future. If the Scrutiny Committee, Buldhana follows this

procedure or, for that matter, every Scrutiny Committee,

exercising the jurisdiction in such matters, does the same, the

Scrutiny Committees would be saved from the repetitive

effort of sending notices of hearings to the claimants in

respect of every date of the hearing. In fact, there is already

a duty imposed upon each Scrutiny Committee to create and

maintain Roznama of the proceedings of every case.

4. Rule 17 (5) of the Maharashtra Scheduled Castes,

De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other

Backward Classes and Special Backward Category

(Regulation of issuance and Verification of) Caste Certificate

Rules, 2012, speaks about the contents of Roznama. It says

that Roznama of the Scrutiny Committee shall be self evident

as to what transpired on a particular day and it shall be

singed by all the members of the Scrutiny Committee. This

rule clearly contemplates, starting and maintaining of

Roznama by the Scrutiny Committee and that is the reason

why, it lays down that the Roznama of the Scrutiny 4 wp6554.22.odt

Committee shall be self evident and self reflective of what

transpired on a particular date. It also requires all the

members of the Scrutiny Committee to sign it.

This procedure, in the present case, has been

completely ignored by the respondent-Scrutiny Committee.

5. We, therefore, direct the respondent-Scrutiny

Committee to start maintaining proper Roznama in terms of

Rule 17(5) of the Rules, in the present case and also in all the

future cases, so that there would not be any need for the

Scrutiny Committee to send communications of dates of

hearings to the claimants, from time to time and reply of the

first communication in that regard, by the claimants would

be enough. That will also go a long way in cutting down on

the time for final disposal of the claims pending before the

Scrutiny Committees.

6. Having said so, we direct the Scrutiny Committee,

Buldhana to decide the caste claim of the petitioner, in

accordance with law, as expeditiously as possible, within two

weeks from the date of appearance of the petitioner before 5 wp6554.22.odt

the Scrutiny Committee, Buldhana. The petitioner shall

appear before the Scrutiny Committee on 14.11.2022.

The writ petition is disposed of in the above terms.

Rule accordingly. No order as to costs.

(Anil L. Pansare, J.) (Sunil B. Shukre, J.)

kahale

Digitally signed byYOGESH ARVIND KAHALE Signing Date:10.11.2022 18:17