Bombay High Court
Varsha D/O Gajanan Vaidya @ Varsha W/O ... vs District Caste Scrutiny Committee, ... on 6 August, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2024:BHC-NAG:8727-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 44 OF 2018
Varsha d/o Gajanan Vaidya @ Varsha
w/o Vishnuji Machewar,
Aged 38, Occupation - Service,
R/o Primary School, Linaga,
Tahsil Katol, District Nagpur. .... PETITIONER
VERSUS
1) District Caste Scrutiny Committee,
District Nagpur.
2) Zilla Parishad, Nagpur,
through Chief Executive Officer.
3) State of Maharashtra,
through its Secretary, Department of
Social Justice & Special Help,
Secretariate Extension Bldg. State
Secretariate, Maharashtra State,
Mumbai 400032.
(Petition is dismissed 4) Block Education Officer,
against respondent No.4
vide Registrar Panchayat Samiti, Katol,
(Judicial)'s order dated
24-8-2018)
Tahsil Katol, District Nagpur. .... RESPONDENTS
______________________________________________________________
Mr. N.D. Meshram and S.D. Borkute, Counsel for the petitioner,
Mr. S.M. Ghodeswar, AGP for respondent Nos.1 and 3,
Mr. Ajinkya Joshi, Counsel h/f. Mr. S.N. Gaikwad, Counsel for
respondent No.2.
______________________________________________________________
CORAM : NITIN W. SAMBRE
& ABHAY J. MANTRI, JJ.
DATED : 6th AUGUST, 2024
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ORAL JUDGMENT : (Per : NITIN W. SAMBRE, J.)
Rule. Heard finally by consent of the learned Counsel for the
parties.
2. The challenge in the petition is to the order dated 27-12-2017
passed by respondent No.1-District Caste Scrutiny Committee, Nagpur
(for short, "the Committee") whereby the caste claim of the petitioner
for Vimukta Jati category (Pardeshi Bhamta) for issuance of validity
came to be rejected.
3. The petitioner holds a Caste Certificate dated 19-2-1994 issued in
Revenue Case No.3034/ARC-81/1993-94.
4. Based on the said Caste Certificate, the petitioner has secured a
public employment from the Vimukta Jati category which has prompted
the Caste Certificate to be forwarded for verification by the employer.
5. In support of the claim, the petitioner has produced in all twelve
documents. The oldest document at serial number 12 is a photocopy of
the sale-deed dated 16-2-2040 wherein the caste of grandfather of the
petitioner is recorded as 'Pardeshi Bhamta'. The other document which
the petitioner is sought to rely upon is the school leaving certificate
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issued by the Municipal Authorities thereby certifying that the
petitioner belongs to Pardeshi Bhamta caste.
6. The aforesaid documents are discarded by the Committee thereby
observing that the sale-deed and the copy of the school leaving
certificate which contains caste entry as Pardeshi Bhamta are
interpolated one.
7. In the aforesaid background, Mr. Nitin Meshram, learned Counsel
appearing for the petitioner would invite attention of this Court to both
these documents. According to him, the document viz. school leaving
certificate issued by the Municipal Council Primary School, Mowad in
categorical terms records caste entry of Pardeshi Bhamta on the date of
securing admission in the said school. The petitioner claims to have got
admitted in the said school on 30-4-1988. According to him, the word
'Bhamta' is allegedly inserted later in the said certificate, however, the
Committee has recorded that the school authorities have stated that on
the original record of the school there exist entry of 'Pardeshi Bhamta'.
According to the learned Counsel for the petitioner, the said fact can be
verified from the statement issued by the vigilance cell officer in its
report dated 30-9-2014.
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8. The learned Counsel for the petitioner would invite our attention
to the sale-deed dated 16-2-1940 wherein the grandfather of the
petitioner namely Ramnath Chindu Pardeshi Bhamta has purchased an
house property in Aazad Ward, Old Vasti, Mowad from one Ganu
Suleman Musalman, resident of Mowad for an amount of Rs.91/-.
9. According to Mr. Nitin Meshram, in 1991, in century flood, the
entire Mowad village washed away resulting into not only loss of lives
of the people who are connected with the documents in question but
also the original record was destroyed. Mr. Nitin Meshram would urge
that in the aforesaid factual matrix, it can be inferred that the said
documents being part of the record of the Committee is genuine one.
As such, he would urge that the order impugned goes contrary to the
record, particularly the old entry is not properly appreciated.
10. As against above, Mr. S.M. Ghodeswar, learned Assistant
Government Pleader for respondent Nos.1 and 3 and Mr. A. Joshi,
Counsel holding for Mr. S.N. Gaikwad, learned Counsel for respondent
No.2 would support the order impugned. Mr. S.M. Ghodeswar would
urge that the original of the sale-deed was not produced. According to
Mr. S.M. Ghodeswar, even from bare perusal of the document viz.
school leaving certificate referred above, it can be inferred that the
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word 'Bhamta' in the caste column was written in different ink and
word. As such, dismissal of the petition is sought.
11. The fact about the petitioner was issued caste certificate on
19-2-1994 is not in dispute. Similarly, the school leaving certificate
certifying that the petitioner has taken education in the Municipal
Council Primary School, Mowad in the year 1988 is also not disputed.
The school leaving certificate in 1988 is based on the entry in the school
record wherein the caste of the petitioner is mentioned as 'Pardeshi
Bhamta'. The said fact is justified from the statement given by the
Officer attached to the vigilance cell report. It is apparent that in old
school record of 1988 the caste of the petitioner is categorically
recorded as Pardeshi Bhamta. It cannot be inferred that merely because
there is a change in the writing in duplicate transfer certificate thereby
inserting word 'Bhamta' can be considered against the interest of the
petitioner as original school record contains the entry of 'Pardeshi
Bhamta'.
12. In support of aforesaid finding, it can be very much observed that
once the original school record depicts a caste entry of Pardeshi
Bhamta, there is no reason to disbelieve such entry. This takes us to the
next document which is copy of the sale-deed dated 16-2-1940 on a
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stamp paper of Rs.1/-. Vide said sale-deed the grandfather of the
petitioner namely Ramnath has purchased an immovable property viz.
a house from one Ganu Suleman Musalman for an amount of Rs.91/-.
The original of the document is claimed to have been destroyed in the
century flood of 1991 which fact about flood is verified or not disputed
by the vigilance cell.
13. The Committee has recorded that in the document produced on
record, it can be noticed that there is overwriting in the name of
grandfather of the petitioner.
14. We have perused the said document. We hardly see any doubtful
over writing on entries in the said document particularly about the
caste of the grandfather. The original of the said document is though
lost, however, from the original record it can be inferred that on the
backside of the said document serial number with stamp is recorded.
Hence, we are of the view that for deciding the caste claim said
document cannot be doubted.
15. As such, it cannot be said that the said document is a concocted
or forged one in which entry of Pardeshi Bhamta was incorporated so as
to facilitate and support the case of the petitioner as it can be inferred
that the said document originally contains the caste 'Pardeshi Bhamta'.
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16. We have no doubt in mind in accepting the said document in
support of the caste claim of the petitioner.
17. Apart from above, the Committee has lost sight of the fact that
the said document is thirty years old one and in such an eventuality, to
discard the said document the burden shifts on the Committee.
18. Rather from the aforesaid observations, it has to be inferred that
the petitioner has discharged the burden contemplated under Section 8
of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified
Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and
Special Backward Category (Regulation of Issuance and Verification of)
Caste Certificate Act, 2000 thereby demonstrating from the record that,
(a) in 1991 a century flood has washed away the entire Mowad village
thereby causing loss to the public property including loss of lives in
which the documents in question were lost, (b) the school record in
relation to the admission of the petitioner of 1988 depicts entry of the
caste as 'Pardeshi Bhamta', (c) the sale-deed executed in favour of the
grandfather of the petitioner way back in 1940 in clear terms records
an entry of Pardeshi Bhamta.
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19. In that view of the matter, the order impugned dated 27-12-2017
passed by respondent No.1-District Caste Scrutiny Committee, Nagpur
is hereby quashed and set aside. It is declared that the petitioner
belongs to Pardeshi Bhamta caste. We direct the respondent-District
Caste Scrutiny Committee, Nagpur to issue the Validity Certificate to the
petitioner within a period of four weeks from the date of production of
copy of this judgment.
20. The petition stands allowed in the above terms.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
adgokar
Signed by: MR. P.M. ADGOKAR
Designation: PS To Honourable Judge
Date: 09/08/2024 13:15:21
