Vaibhav S/O Vijay Kurwade vs State Of Maha., Thr. Secretary, ...
2022 Latest Caselaw 12054 Bom

                                                    1                      wp4092.22.odt

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

                        WRIT PETITION NO.4092/2022
     Vaibhav s/o Vijay Kurwade,
     aged 19 years, Occ. Education,
     r/o Vijay Niwas, Near Nanankchand
     Shop, Hanuman Mandir Road,
     Dharampeth, Nagpur - 440 010
     Mobile No. 9527973997.                                  .....PETITIONER
                              ...V E R S U S...

1. State of Maharashtra, through
   Secretary, Department of Social
   Justice and Special Assistance,
   Mantralaya, Mumbai - 32.
2. Divisional Caste Certificate
   Scrutiny Committee, Amravati,
   through its Chairman, New
   Commissioner Office, Maltekadi Road,
   Amravati - 444 6060.                 ...RESPONDENTS
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Ms S. W. Deshpande, Advocate for petitioner.
Ms T. Udeshi, Assistant Government Pleader for respondents.
-------------------------------------------------------------------------------------------

CORAM:- A. S. CHANDURKAR & ANIL L. PANSARE, JJ.

DATED :- 23.11.2022

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

Rule. Rule is made returnable forthwith. Heard finally

by consent of learned counsel for the parties.

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

dated 31.02.2022 passed by Scrutiny Committee, invalidating the

claim of the petitioner of belonging to 'Hatkar NT-C'.

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3. It is not in dispute that the petitioner's two sisters

Megha and Aishwarya have been issued validity certificates by the

Scrutiny Committee. The same have not been taken into

consideration on the ground that there was a statement of her

father that his relatives belong to 'Hadgar' and 'Koshti'

communities while in his document the caste was mentioned as

'Lingayat Wani'.

4. Ordinarily, the Scrutiny Committee is presumed to

have considered all relevant documents while issuing validity

certificates to the sisters of the petitioner. It is not the case of the

Scrutiny Committee that earlier the certificates were obtained by

practicing fraud or misrepresentation. As long as those validity

certificates operate, the petitioner is entitled to seek benefit of

grant of those validity certificates in the backdrop of the law laid

down by this Court in Apoorva d/o Vinay Nichale Vs. Divisional

Caste Certificate Scrutiny Committee No.1 and Others1.

5. In that view of the matter, we find that the petitioner is

entitled to be issued a validity certificate of belonging to 'Hatkar,

NT-C'. For said reason, the order passed by the Scrutiny

Committee on 31.01.2022 is set aside. The Scrutiny Committee

1 2010 (6) Mh. L. J. 401 3 wp4092.22.odt

shall, within a period of three weeks of producing a copy of the

judgment, issue validity certificate to the petitioner. Till the

validity certificate is issued, the petitioner can rely upon copy of

the judgment to indicate that it has been directed to issue validity

certificate.

Rule is made absolute in the above terms. No order as

to costs.

(Anil L. Pansare, J.) (A. S. Chandurkar, J.)

kahale

Digitally signed byYOGESH ARVIND KAHALE Signing Date:24.11.2022 18:03