Gajanan S/O Uddhav Chavan vs S. T. Caste Certificate Scrutiny ...
2023 Latest Caselaw 10178 Bom

2023:BHC-NAG:14518-DB




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

                              WRIT PETITION NO.4059/2023

              Shri Gajanan S/o Uddhav Chavan,
              age 30 Yrs., Occ. Student,
              R/o At Post Anjani Khurd,
              Tq. Lonar, Dist. Buldhana.                          ...    Petitioner
                     - Versus -
              Scheduled Tribe Caste Certificate
              Scrutiny Committee, Old By Pass,
              Chaprashipura, Amravati Division,
              Amravati, through its Vice Chairman /
              Joint Commissioner.                                 ...   Respondent
                    -----------------
              Mr. A.P. Kalmegh, Counsel for the Petitioner.
              Mr. A.A. Madiwale, Assistant Government Pleader for the Respondent.
                           ----------------


              CORAM: A.S. CHANDURKAR & MRS. VRUSHALI V. JOSHI, JJ.
              DATE : 3.10.2023




               JUDGMENT (Per Mrs. Vrushali V. Joshi, J.)

Rule. Rule made returnable forthwith and heard the

learned counsel for the parties.

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2. The petitioner herein belongs to Thakur Scheduled

Tribe which is recognized at serial No.44 in the list of Scheduled

Tribe Order. For availing the benefits of reserved category

candidate, the petitioner has submitted the caste certificate dated

7.9.1995 along with necessary documents for verification to the

college. Accordingly, college had forwarded the tribe claim of the

petitioner along with necessary documents to respondent

Committee for verification.

3. The petitioner submitted the documents prior to year

1950, related to paternal side blood relatives of petitioner,

wherein entry in regard to caste Thakur is mentioned. The

petitioner has also submitted validity certificate issued in favour

of his cousin brother. The Vigilance Cell Officer has conducted

the enquiry in the matter and submitted the report. The

respondent Committee issued show cause notice dated 11.1.2021

along with Vigilance Cell Report and thereby asked to appear

before the Vigilance Cell. After receipt of show cause notice the 3 wp4059.2023

petitioner appeared before the respondent Committee and filed

his written statement. He has submitted all the documents having

entry of caste Thakur of year 1950.

4. On 29.1.2021 the respondent Committee directed to

submit certain documents in support of the documentary

evidence filed by the petitioner. In pursuance to the directions

issued by respondent Committee, the petitioner has submitted the

required documents. The Committee again forwarded tribe claim

of petitioner for vigilance cell enquiry and in said enquiry the

Vigilance Cell Officer has collected certain documents viz. of one

Govind of year 1914 having entry Bhat, Gopala Amruta Thakur

of 1919 and Amruta Rambhaji Thakur of 1913-14. The contrary

entries were found. The petitioner appeared before the

respondent Committee and filed written statement and

specifically denied the relations with the said persons having

contrary entry and their names are not mentioned in his family

tree. The petitioner has also relied on the judgment in the case of 4 wp4059.2023

Anand V/s. Committee for Scrutiny and Verification of Tribe

Claims and others reported in (2012) 1 SCC 113. Overlooking the

documents particularly documents prior to 1950 and the law laid

down by the Hon'ble Apex Court, the Scrutiny Committee has

invalidated the tribe claim of the petitioner on 17.5.2023. Hence

the petitioner has filed this petition.

5. The learned Assistant Government Pleader has

opposed the tribe claim of the petitioner stating that there are

three contrary entries which are old documents. Though the

petitioner has stated that some of the relatives have received the

validity certificates, the said orders are challenged before the

Court and are still pending. There is no any old document to

prove that the petitioner belongs to Thakur Scheduled Tribe. The

Committee has twice given chance to the petitioner to prove his

tribe claim and as there is no documentary evidence to prove the

same and contra entries are there, the Committee has rightly

invalidated the tribe claim of the petitioner.

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6. Heard both the learned counsel. Perused the record

produced before us.

7. The tribe claim of the petitioner is invalidated on the

basis of contra entry of one Govind. The date of birth is

mentioned as 18.6.1914. The another document is filed on record

of having one daughter to Amruta Thakur on 22.7.1914. There is

one month difference between two children of Amruta. As per the

family tree Govind is the son of Amruta and Amruta had another

daughter in same year after one month which is not possible. The

petitioner has also produced the document of Govind Amruta

having date of birth 9.4.1903 mentioning tribe as Thakur. Said

document is not produced before the Vigilance Cell. As these

documents are not produced and the petitioner has only denied

the relation with said Govind whose entry is mentioned as Bhat

and date of birth is 1914, it is necessary to remand the matter to

the Caste Scrutiny Committee to consider the said documents and

issue a fresh validity certificate, if found eligible. For aforesaid

reasons the following order is passed:-

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                            (i)          The proceedings are remanded to the Scrutiny

Committee for fresh consideration in accordance with law.

(ii) The petitioner shall appear before the Scrutiny

Committee on 16.10.2023.

(iii) Within a period of four months the claim of the

petitioner shall be reconsidered and decided afresh in the light of

the observations made hereinabove.

8. Rule is made absolute in the aforesaid terms with no

order as to costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 05/10/2023 18:15:55