Aastha D/O Dayasagar Madgulwar ... vs District Caste Certificate ...
2022 Latest Caselaw 11401 Bom

                           1

                                          10-11-2022-wp-3808-2022 (44).odt

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

                Writ Petition No.3808 of 2022

Aastha d/o Dayasagar Madgulwar,
Aged about 17 years (Minor),
through her Natural Guardian Father,
Dayasagar s/o Kashiram Madgulwar,
Aged about 52 years,
Occ. Service, R/o Bahiram Ngar,
Tah. Arni, District-Yavatmal                            ... Petitioner

     Versus

District Caste Certificate Scrutiny Committee,
Yavatmal,
through its Member-Secretary,
Dr. Babasaheb Ambedkar Social Justice Bhavan,
Palaswadi Camp, Darvha Road,
District-Yavatmal.                                      ... Respondent


Shri Mangesh V. Bute, Advocate for Petitioner.
Smt. K.S. Joshi, Additional Government Pleader for Respondent.


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

DATE : 10th NOVEMBER, 2022

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

2. On going through the impugned order, which is a one-page

order and which does not consider the important documentary

evidence, including the evidence of existence of caste validity issued to

the father of the petitioner, we find that the respondent- Scrutiny

10-11-2022-wp-3808-2022 (44).odt

Committee has failed to perform it's duty of evaluating and deciding

the caste/tribe claim of the petitioner in accordance with law. The

duty or the responsibility placed upon the Scrutiny Committee in such

matters is onerous and the same must be discharged by the Scrutiny

Committee in a rational manner with sense of responsibility. Except

for the reason that the petitioner has failed to produce any

documentary evidence showing that the family of the petitioner was

resident of the relevant area before the cut-off date, no other reason

whatsoever has been given by the Scrutiny Committee. More than the

proof of residence, the documentary evidence in the nature of caste

validity certificate issued in favour of the father of the petitioner was

something which ought to have been considered appropriately by the

Scrutiny Committee, but the Scrutiny Committee failed to do so and

thereby it has abdicated it's duty. Such an order, the impugned one,

therefore, has to be termed as arbitrary and illegal.

3. The petition is, therefore, allowed. The impugned order is

quashed and set aside. The matter is remanded back to the Scrutiny

Committee for it's fresh consideration and decision in accordance with

law. The matter shall be decided by the Scrutiny Committee at

Yavatmal at the earliest and in any case within eight weeks from the

date of appearance of the petitioner before it. The petitioner to appear

before the Scrutiny Committee on 21-11-2022.

10-11-2022-wp-3808-2022 (44).odt

4. Rule is made absolute in the above terms. No costs.

                                (ANIL L. PANSARE, J.)               (SUNIL B. SHUKRE, J.)
          Lanjewar




Digitally Signed By :P D
LANJEWAR
Signing Date:10.11.2022
18:05