Bombay High Court
Ku. Rajni Bhaskarao Naidu vs The State Of Maha. Thr. Its Sec.Dept. Of ... on 1 August, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2024:BHC-NAG:8499-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2062 OF 2024
Ku. Rajni Bhaskarrao Naidu,
Aged 37 years, Occupation - Service,
R/o Plot No.14, Manewada Road,
Savatribai Fule Nagar, Nagpur. .... PETITIONER
VERSUS
1) The State of Maharashtra,
through its secretary,
Department of Social Welfare,
Mantralaya, Mumbai - 32.
2) The District Caste Certificate
Scrutiny Committee, Yavatmal,
through its Chairman, Yavatmal.
3) The Dean, Indira Gandhi
Government Medical College and
Hospital, Nagpur, Central Avenue
Road, Nagpur. .... RESPONDENTS
______________________________________________________________
Mr. P.J. Mehta, Counsel for the petitioner,
Mr. H.R. Dhumale, AGP, for the respondents.
______________________________________________________________
CORAM : NITIN W. SAMBRE &
ABHAY J. MANTRI, JJ.
DATED : 1st AUGUST, 2024
ORAL JUDGMENT : (Per : Abhay J. Mantri, J.)
Rule. Rule made returnable forthwith and heard by
consent of the learned Counsel appearing for the parties.
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2. The challenge is to the order dated 24-09-2019 passed by
respondent No.2-District Caste Certificate Scrutiny Committee,
Yavatmal (for short,-"the Committee") thereby invalidated the claim of
the petitioner that she belongs to "Madgi" Scheduled Caste and the
order dated 12-12-2023 passed by respondent No.3-Dean, Indira
Gandhi Government Medical College and Hospital, Nagpur, (for
short-"the Dean") by which the services of the petitioner as Staff Nurse
was terminated.
3. The petitioner claims that she belongs to the ' Madgi'
Scheduled Caste. Accordingly, on 01-01-2018, the Sub-Divisional
Officer, Kelapur, issued the Caste Certificate in her favour. She worked
under respondent No.3 as a Staff Nurse against the Scheduled Caste
reserved category. So, she submitted her Caste Certificate along with
documents to respondent No.3. Respondent No.3 forwarded the same
to the Committee for verification.
4. Since the Committee was dissatisfied with the documents
produced by the petitioner, it forwarded them to the Vigilance Cell for a
detailed enquiry. Pursuant to this, the Vigilance Cell conducted the
enquiry and submitted its report to the Committee on 08-08-2019.
During the enquiry, the Vigilance Cell found inconsistent entries of the
'Mochi' schedule cast.
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5. After considering the vigilance cell report, documents on
record, and explanation of the petitioner, the Committee invalidated
the petitioner's caste claim.
6. Respondent No. 3 Dean terminated her services as a sequel
to the invalidation of the caste claim. Aggrieved by both orders, the
petitioner preferred this petition.
7. Mr. P. J. Mehta, learned Counsel for the petitioner, has
vehemently argued that the petitioner has produced a document of the
year 1930 pertaining to her great-grandfather. It is mentioned that the
son was born to him, wherein his caste is mentioned as " Madgi".
Therefore, he urged that the oldest document has more probative
value, and based on said document, the petitioner is entitled to get the
Validity Certificate. However, the Vigilance Cell, as well as the
Committee, has discarded the said document on the ground that some
interpolation appeared in the name of ' Poshatti' in the said entry and,
therefore, rejected the caste claim of the petitioner. The said finding is
contrary to the record. Hence, he urged for a grant of validity.
8. As against Mr. H.R. Dhumale, learned Assistant
Government Pleader has strenuously argued that the document of the
year 1930 was found to be very old and pale. The entries in the names
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Hushya Madgi and Poshatti have been written in different ink and
handwriting. Therefore, said document creates doubt, and hence, the
Committee has rejected the claim of the petitioner. During the enquiry,
the Vigilance Cell found inconsistent documents regarding the 'Mochi'
caste, and, therefore, passing the order by the Vigilance Cell is just and
proper.
9. We have appreciated the rival contentions and perused the
impugned orders, record, and documents produced on record.
10. On careful scrutiny of the record and the impugned orders,
it seems that the petitioner has produced a document of the year 1930
pertaining to her great-grandfather on record. The said document is
the extract of the birth register. The entry in the said document
denotes that the son was born to "Hushya Madgi", and his name was
recorded as 'Poshatti'. The Vigilance Cell, as well as the Committee,
discarded the said document solely on the ground that the said register
was very old and pale, and while inspecting the said document, the
Vigilance Cell assumed that the said name had been written in different
ink and different handwriting by interpolation in the document.
However, the original register was neither produced before the
committee, nor did the committee verify the same by calling the
original record. Based on a Xerox copy of the document, it appears that
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the committee drew the inference that interpolation was found in the
said entry.
11. It is pertinent to note that neither the Vigilance cell nor the
committee are disputing the family tree given by the petitioner wherein
the name of great-grandfather is shown as ' Hushya'. Thus, her
relationship with the petitioner is not disputed. In the entry of 1930,
Hushya's caste is recorded as the 'Madgi' before his name. Therefore,
the said document clearly depicts that Hushya belonged to the " Madgi"
Schedule Caste. For the sake of argument, even assuming that there is
interpolation in the name of 'Poshatti', it would not affect the claim of
the petitioner that she belongs to the 'Madgi' Schedule Caste as the
Committee, as well as the Vigilance Cell, is not disputing Hushya's
relationship with the petitioner. As a result, it reveals that the findings
recorded by the Committee are not contrary to the record and is
without ascertaining the real facts as discussed above. Based on the
said finding, the order cannot be sustained in the eyes of the law.
12. Moreover, during the enquiry, the Vigilance Cell found
some adverse entries for the "Mochi" caste. It is pertinent to note that
both the "Mochi" and "Madgi" castes are Scheduled Castes. The "Mochi"
entry is at Sr.No.11, and the "Madgi" entry is at Sr.No.35 of the
Presidential Order. In such an eventuality, it would not affect the
petitioner's claim that she belongs to a "Scheduled Caste."
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13. During the argument, the learned Assistant Government
Pleader canvassed that there was a delay and laches in challenging the
order dated 24-09-2019; therefore, the petition is barred by law of
limitation. Upon scrutinising the record, it appears that her caste claim
was rejected in 2019. However, her services were terminated in 2023
by respondent No.3. So, simultaneously, she has challenged both orders
in this petition. Considering the discussion above, if the delay is
condoned, then it would not cause prejudice to anybody, but if it is
rejected solely on the ground of delay, then it would cause prejudice to
the petitioner's legitimate rights, and her meritorious claim would be
thrown out of the Court. Therefore, in our view, to advance substantial
justice, it would not be proper to reject the legitimate claim of the
petitioner solely on the grounds of delay and laches. Besides, the
petitioner shall not be deprived of her legitimate right of service with
respondent No.3. Hence, we do not find substance in the argument
made by the learned Assistant Government Pleader in that regard.
14. Having considered the aforesaid discussion, it seems that
the petitioner, in support of her caste claim, has produced the
document of 1930. In the catena of decisions, the Hon'ble Apex Court
and this Court have held that "the pre-constitutional era documents
have more probative value than the subsequent documents." Based on
the said settled position of law and documents on record, it is evident
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that the petitioner has categorically demonstrated that she belongs to
the 'Madgi' Scheduled Caste. Therefore, in our opinion, the findings
recorded by the Committee appear to be contrary to the settled position
of law. Hence, the said findings are liable to be quashed and set aside.
15. Needless to clarify, based on the committee's order,
respondent No. 3 Dean terminated the petitioner's services. Consequent
to setting aside the committee's order, the termination order dated
12/12/2023 passed by respondent No.3 is liable to be set aside.
16. In the aforesaid background, we deem it appropriate to
allow the petition. The writ petition stands allowed. The impugned
orders dated 24-09-2019 and 12-12-2023 passed by respondent Nos.2
and 3, respectively, are hereby quashed and set aside. It is declared that
the petitioner belongs to the 'Madgi' Scheduled Caste. Respondent No.2
is directed to issue a Validity Certificate in her favour within a period of
four weeks from the date of production of a copy of this judgment.
17. As a sequel to the above, the petitioner is entitled to claim
reinstatement at respondent No.3-Indira Gandhi Government Medical
College and Hospital, Nagpur. Needless to clarify, in such an
eventuality, the petitioner is not entitled to claim back-wages for the
period she was not on duty. However, she is entitled to claim continuity
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in service from the date of her appointment and consequential benefits
arising thereof.
18. Rule is made absolute in the terms above. No Cost.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
adgokar
Signed by: MR. P.M. ADGOKAR
Designation: PS To Honourable Judge
Date: 05/08/2024 19:03:19
