Nita Navnath Kamble vs State Of Maharashtra Thr. Secre. ...
2023 Latest Caselaw 2191 Bom

                                                                               40-WP.272.2023


        jvs
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE SIDE JURISDICTION
SALUNKE
JV                                   WRIT PETITION NO. 272 OF 2023
Digitally signed
by SALUNKE J V
Date: 2023.03.08
16:36:58 +0530
                   Nita Navnath Kamble             }            Petitioner
                              Versus
                   The State of Maharashtra & Ors. }            Respondents


                   Mr. C. K. Bhangoji for the petitioner.
                   Mr. P. P. Kakade, Government Pleader with
                   Mr. M. M. Pabale, AGP for State.


                                      CORAM:        S. V. GANGAPURWALA, Act.CJ.&
                                                    SANDEEP V. MARNE, J.

                                      DATE:         MARCH 6, 2023


                   P.C.:

1. Rule. Rule returnable forthwith. By consent of the parties, heard finally.

2. The caste claim of the petitioner as belonging to Chambhar (Scheduled Caste) is invalidated. The learned advocate for the petitioner submits that vigilance was conducted. The home inquiry supports the case of the petitioner. However, the same has not been discussed in the judgment by the Scrutiny Committee. The learned advocate further submits that subsequently, the petitioner got knowledge that her paternal cousin, namely, Mukta, daughter of Ashok has been granted the validity certificate of Chambhar-Scheduled Caste. He is the daughter of the real paternal uncle of the petitioner.

3. We have heard the learned AGP also.

4. It is a fact that the validity certificate issued in favour of Mukta, daughter of Ashok was not before the Scrutiny Committee

40-WP.272.2023

when the Scrutiny Committee invalidated the caste claim of the petitioner. In fact, the said validity is prior to the judgment delivered by the Scrutiny Committee in the case of the petitioner. The petitioner ought to have produced the same.

5. Considering that the matter involves social status of the petitioner, we are inclined to grant one more opportunity to the petitioner. In light of that, we pass the following order: -

(i) The impugned order is quashed and set aside.

(ii) The petitioner is granted liberty to place on record additional documents, including the validity certificate issued in favour of Mukta, daughter of Ashok.

(iii) In case the documents are filed, the Scrutiny Committee is entitled to conduct vigilance.

(iv) The petitioner shall appear before the Committee on 27th March 2023. The Scrutiny Committee shall thereafter decide the proceedings afresh, preferably within six months from the date of appearance of the petitioner, on its own merits and in accordance with law.

6. Rule is made partly absolute. The writ petition is disposed of. No costs.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)