Bombay High Court
Tushar Bhagwan Rawale vs The State Of Maharashtra Through Its ... on 10 January, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:639-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.4383 OF 2023
Tushar S/o. Bhagwan Rawale,
Age- 19 Years, Occu- Education,
R/o: Shirad Shahapur, Tq. Aundha (N)
District - Hingoli. ..Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Social Welfare Department,
Mantralaya, Mumbai.
2. District Level Caste Certificate Verification
Committee, Hingoli,
Through its Member Secretary.
3. Principal,
Bahirji Smarak Mahavidyalay,
Vasmatnagar Dist. Hingoli. ..Respondents
...
Mr. M. P. Kale, Advocate for the Petitioner.
Mr. P. S. Patil, Addl. GP for Respondent Nos.1 and 2.
Mr. B. N. Gadegaonkar h/f Mr. S. R. Bagal, Advocate for Respondent
No.3.
...
CORAM : SMT. VIBHA KANKANWADI AND
S. G. CHAPALGAONKAR, JJ.
DATED : 10th JANUARY, 2024.
ORDER (Per: S. G. Chapalgaonkar, J.):
-
1. The petitioner approaches this Court under Article 226 of
the Constitution of India, thereby assailing the judgment and order
dated 29.08.2022 passed by respondent no.2-District Level Caste
Certificate Verification Committee, Hingoli, thereby invalidating the
caste claim of the petitioner as belonging to 'Wani', Other Backward
Class.
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2. Mr. Kale, learned Advocate appearing for the petitioner
vehemently submits that the Committee has adopted hypertechnical
approach while invalidating the caste claim of the petitioner. He would
submit that the petitioner had placed on record the genealogy and pre-
Constitutional documents in the nature of Khasra Pahani Patrak in the
name of Santuka Ganpat i.e. great grandfather of the petitioner, so also
service record in respect of cousin grandfather. He would submit that
the entry in the Khasra Pahani Patrak in the name of Santuka Ganpat
clearly depicts caste as 'Wani'. He would further submit that the
service record entry in respect of his cousin grandfather is of the year
1956 that could have been accepted.
3. The learned Addl. G.P. appearing for respondent nos.1 and
2 vehemently opposes the prayer and supported the order passed by the
Committee.
4. We have perused both the documents relied upon by the
petitioner. The extract of Khasra Pahani Patrak in the name of
Santuka Ganpat clearly depicts that 'Wani' words are written
differently and added subsequently, which are clearly looking apart
from the entire writing pattern, ink and other aspects. The
observations of the Committee in that regard need not be disturbed.
Even vigilence report also highlights on aforesaid aspects. We are not
inclined to accept such documents as a evidence in support of the caste
claim of the petitioner. Another document pertains to the service record
of the petitioner's cousin grandfather. It is of the year 1956, which is
post-Constitutional document. Pertinently, the school record of the
petitioner's father shows entry of 'Lingdhar' as caste. The entry of
cousin grandfather of the petitioner namely Punjappa Santukrao
Ravale depicts entry of caste as 'Panwadi' in the school record of the
year 1965.
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5. In view of this contra entries, the claim of the petitioner
that he belongs to 'Wani', Other Backward Class cannot be accepted.
No case is made out for interference under Article 226 of the
Constitution of India.
6. Writ Petition sans merits, hence, dismissed.
(S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI)
JUDGE JUDGE
Devendra/January-2024
