Supriya Subhash Nanaware vs State Of Maharashtra Thru ...
2022 Latest Caselaw 9920 Bom

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION


                                            WRIT PETITION NO.11586 OF 2022


               Supriya Subhash Nanaware                                      .. Petitioner
                        v/s.
               State of Maharashtra Through
               its Secretary, Tribal Development Department
                   and Anr.                                                  .. Respondents


               Mr. R.K. Mendadkar a/w Ms. Priyanka S. and Ms. Komal Gaikwad for
               the petitioner.
               Mrs. Ashwini A. Purav, AGP, for the State-respondent nos.1 & 2.


                                                           CORAM : R.D. DHANUKA &
                                                                    KAMAL KHATA, JJ.

DATED : 28TH SEPTEMBER, 2022.

P.C. :

1. Rule. Learned AGP waives service for the respondent nos.1 & 2.

Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of the

India, petitioner has prayed for writ of certiorari for quashing and

setting aside the order dated 25th August, 2022 passed by

respondent no.2 Committee rejecting the application filed by the Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2022.09.30 17:23:22

petitioner annexed at page 26 dated 23 rd June, 2022 for framing +0530

909.wp.11586.22(civil).doc wadhwa preliminary issues and for adjudication of the same.

3. We have perused the application filed by the petitioner on 23 rd

June, 2022 and also the impugned order dated 2 nd September,

2022. Though the petitioner has raised the said preliminary

issues, without deciding those issues, the Caste Scrutiny

Committee has proposed to decide the matter on merits.

4. Mr. Mendadkar, learned counsel for the petitioner placed reliance

on the judgment of this Court dated 24 th March, 2022 in case of

Sushil Tulshidas Garud v/s. State of Maharashtra in Writ Petition

no.2728 of 2022 and submitted that in similar facts at hand, this

Court has quashed and set aside the order passed by the Caste

Scrutiny Committee and directed to decide the issue of

maintainability of the show cause notice as well as issue of

jurisdiction raised by the petitioner.

5. In our view, the Caste Scrutiny Committee ought to have decided

the issue of jurisdiction before proceeding the matter on merits. In

this case, the impugned order indicates that without deciding the

issue of jurisdiction, the Caste Scrutiny Committee has proposed

to proceed with the matter on merits. The order passed by the

Caste Scrutiny Committee is contrary to the principles of law laid

909.wp.11586.22(civil).doc wadhwa down by this Court in case of Sushil Garud (supra) and is

accordingly quashed and set aside.

6. The Caste Scrutiny Committee is directed to decide the issue of

jurisdiction to reopen the case of the petitioner and that also after

20 years as a preliminary issue.

7. The Caste Scrutiny Committee shall pass the reasoned order while

deciding the said preliminary issue. It is, however, made clear that

if the Caste Scrutiny Committee is of the view that it has

jurisdiction to proceed with the show cause notice and to reopen

the Caste Validity certificate granted to the petitioner, the Caste

Scrutiny Committee would be at liberty to proceed with the

matter on its own merits.

8. It is made clear that this Court has not expressed any views on the

merits of the show cause notice issued by the Caste Scrutiny

Committee or the caste claim of the petitioner.

9. All contentions of both the parties are kept open.

10. The Caste Scrutiny Committee shall make an endeavour to

dispose off the show cause notice within eight weeks from today.

11. The order that would be passed shall be communicated to

909.wp.11586.22(civil).doc wadhwa the petitioner within one week from the date of passing order.

12. If the petitioner is aggrieved by the said order, the petitioner

would be at liberty to file the proceedings permissible in law.

13. Writ petition is disposed off in aforesaid terms.

14. Rule is made absolute. No orders as to costs.

15. Parties are directed to remain present before the Caste

Scrutiny Committee on 19th October, 2022 at 11.00 a.m. without

fail.

        (KAMAL KHATA, J.)                                  (R.D.DHANUKA, J.)





909.wp.11586.22(civil).doc
wadhwa