Bombay High Court
Abdul Raheman S/O Akbar Shah vs Divisional Caste Certificate Scrutiny ... on 7 August, 2024
Author: M. W. Chandwani
Bench: Avinash G. Gharote, M. W. Chandwani
2024:BHC-NAG:8708-DB
1 35 WP-2834-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.2834 OF 2023
[Abdul Raheman Akbar Shah Thr LRs. .Vs. Divisional Caste Certificate Scrutiny
Committee and Anr.]
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Ms S. W. Deshpande, Advocate for Petitioners.
Mr A. S. Fulzele, Addl. G. P. for Respondent/State.
Mr B. M. Lonare, Advocate for Respondent No.2.
CORAM : AVINASH G. GHAROTE AND
M. W. CHANDWANI, JJ.
DATE : 7th AUGUST, 2024.
. Heard.
2. The learned Additional Government Pleader for
respondent/State, in pursuance to the order of this Court dated
31.07.2024, on account of reliance by the petitioner upon the
circular/letter dated 29.06.2006, has placed on record the order
of this Court in Writ Petition No.2802 of 2014 dated
06.04.2015, in which it has been held that the communication
dated 29.06.2006, which was in the nature of guidelines and
directions to the Caste Scrutiny Committee as to how caste
claim in respect of "Chhapparband" caste should be decided, for
the purpose of issuing validity, was quashed and set aside by the
judgment and order dated 27.01.2011 in Writ Petition No.4506
of 2004. Consequent to which, circular dated 23.03.2011 was
brought into effect, to which learned AGP submits, that it has
been withdrawn by the circular dated 16.02.2015. In light of
this, the entitlement of the Caste Scrutiny Committee to decide
TAMBE
2 35 WP-2834-2023.odt
the claim of "Chhapparband" caste, in terms of the circular
dated 23.03.2011, does not survive and in case any such claim is
made, the same will have to be decided, in terms of the Caste
Certificate Act, 2012 and the rules framed thereunder.
3. Learned counsel for petitioner however submits, that
the appointment of the petitioner, was not in any reserved
category, but it was in an open category, for which she relied
upon the seniority list of the year 2021-2022 (Page 28), in
which the appointment of the petitioner is indicated to be in an
open category. The letter of appointment of the petitioner dated
15.06.1995, which has been placed on record by the employer,
also does not indicate that the petitioner has been appointed
against reserved category post.
4. The challenge in the present petition, is to the
decision of the Caste Scrutiny Committee dated 26.07.2019
(Page 31), by which the claim of the petitioner of belonging to
"Chhapparband" nomadic tribe, has been rejected on the
ground, that the petitioner has not been able to demonstrate by
way of any document, entitlement to the same. In the instant
case, also the learned counsel for the petitioner, is unable to
point out to us any document from the record of the Committee
as made available by the learned AGP, which would substantiate
the claim of the petitioner of belonging to "Chhapparband"
community, in view of which, we do not see any reason to
interfere in the decision of the Committee rejecting the caste
claim of the petitioner.
TAMBE
3 35 WP-2834-2023.odt
5. Needless to say, that since the appointment of the
petitioner is of the year 1995 and the "Chhapparband"
community, was declared as vimukta jati, for the first time by
the Notification dated 24.12.2002 as indicated in the caste
certificate dated 25.06.2007 (Page 21) issued to the petitioner,
the appointment of the petitioner as indicated above being of
the year 1995 could not be said to have been made, in any post
carrying any reservation and the petitioner will have to be held
to have been appointed in an open post, which is also the
position, which is reflected from the seniority list, as indicated
above.
6. In the result, the petition is dismissed. No costs.
(M. W. CHANDWANI, J.) (AVINASH G. GHAROTE, J.)
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 08/08/2024 18:34:08
TAMBE
