Bombay High Court
Harsh Rajkumar Shriwas vs The Chairman, District Level Caste ... on 3 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi, M. W. Chandwani
2024:BHC-NAG:8531-DB
J WP-4442-2023.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4442 OF 2023
PETITIONER : Harsh Rajkumar Shriwas,
a/a 19 yrs, Occu - student, R/o 17,
Gurukrupa Coloney, Near Dental
College, Amravati.
..VERSUS..
RESPONDENT : The Chairman,
District Level Caste Certificate Scrutiny
Committee, Amravati.
WITH
WRIT PETITION NO.4507 OF 2023
PETITIONER Kartik Naresh Shriwas,
a/a 20 yrs, Occu - student, R/o 17,
Gurukrupa Coloney, Near Dental
College, Amravati.
..VERSUS..
RESPONDENT The Chairman,
District Level Caste Certificate Scrutiny
Committee, Amravati.
-----------------------------------------------------------------------------------------
Mr R. R. Rathod, Advocate for Petitioners.
Mr A. M. Ghogare, AGP for Respondent/State.
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CORAM : VINAY JOSHI AND M. W. CHANDWANI, JJ.
DATE : 3rd AUGUST, 2024.
ORAL JUDGMENT : (PER : VINAY JOSHI, J.)
. Rule. Rule made returnable forthwith. Heard finally
with consent of learned counsels appearing for the parties.
J WP-4442-2023.odt
2. Petitioners in both petitions are real cousin brother,
whose caste claim for the caste of "Nhavi" coming under Other
Backward Class has been rejected by the respondent - Scrutiny
Committee. It reveals from the impugned orders dated
12.07.2022 that only on the basis that the petitioners' forefather
was not resident of Maharashtra State prior to cut-off date i.e.
13.10.1967, the caste claim was declined. It reveals from the
impugned orders itself that petitioners' claimed before the
Committee that their grandfather was resident of State of
Maharashtra from the year 1955, as he joined police services in
the Maharashtra. The petitioners have tendered a copy of service
book of their grandfather to substantiate said contention.
3. The impugned orders though bare a reference to that
extent, however, Committee has not considered the vital
document i.e. copy of service book of petitioners' grandfather. It
is not clear whether said document was tendered before the
Committee, which was crucial to decide the issue. Since the caste
claim was rejected solely on the said ground, we deem it
appropriate that Committee shall reconsider the entire material
J WP-4442-2023.odt
including service book of petitioners' grandfather and to take a
fresh decision in accordance with law.
4. In view of above, both impugned orders dated
12.07.2022 are hereby quashed and set aside. The matter is
remitted back to the Committee for fresh consideration. Both
petitioners are permitted to tender a copy of service book of their
grandfather as well as other document, if any, in support of their
case. The Committee shall decide the petitioners' caste claim a
fresh within three months from the date of a communication of
this order.
5. Rule is made absolute in the aforesaid terms. No order
as to costs.
6. We direct the Committee to act accordingly.
(M. W. CHANDWANI, J.) (VINAY JOSHI, J.)
TAMBE
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 06/08/2024 14:58:45
