Bombay High Court
Ramchandra Bhima Mane vs The State Of Maharashtra Thr Its ... on 24 March, 2025
Author: A.S. Gadkari
Bench: A. S. Gadkari
2025:BHC-AS:17160-DB
Osk 40-Wp-11499-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO. 11499 OF 2024
Ramchandra Bhima Mane ]
Age 45 years, Occupation Business, ]
Residing at Vaveghar, ]
Tal. Panvel, Dist. Raigad. ] ... Petitioner
V/s.
1. The State of Maharashtra ]
Through its Secretary, ]
Department of Social Justice and ]
Special Assistance, ]
Mantralaya, Mumbai - 400 032. ]
2. The Schedule Tribe Certificate ]
Scrutiny Committee, Raigad ]
Division : Raigad, ]
Through it's Member Secretary ]
And Dy. Director (Research), having ]
Its official Add : Behind St. Merry ]
Convent School, Chendhre, ]
Alibag - 402 201, Tal. Alibag, ]
Dist. Raigad. ]
3. Mr. Adhik Janu Pawar ]
R/at Vaveghar, ]
Tal. Panvel, Dist. Raigad. ] ... Respondents
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Osk 40-Wp-11499-2024.doc
_______________________________________
Mr. Gouresh Mogre for Petitioner.
Ms. Tanu N. Bhatia, A.G.P. for Respondent Nos.1 & 2-State.
Mr. Pranit Kulkarni i/b. Mr. Jayant Gaikwad for Respondent No.3.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 24th March 2025.
JUDGMENT ( Per A.S. Gadkari, J.) :
-
1) Rule. Rule made returnable forthwith and with the consent of
the learned Advocates for the respective parties, taken up for final hearing.
2) By the present Petition under Article 226 of the Constitution of
India, the Petitioner has impugned Order dated 15 th July 2024 passed by the
Respondent No.2, rejecting the claim of the Petitioner for the caste of 'Vadar'
and proceeded to cancel the Caste Certificate dated 29 th March 2023 bearing
Outward No. 41736230551, issued by the Sub-Divisional Officer, Panvel.
3) Heard Mr. Mogre, learned Advocate for Petitioner, Ms. Bhatia,
learned A.G.P. for Respondent Nos.1 & 2-State and Mr. Kulkarni, learned
Advocate for Respondent No.3. Perused entire record.
4) Record indicates that, the Sub-Divisional Officer, Panvel had
issued a Caste Certificate dated 29 th March 2023 in favour of the Petitioner
declaring that, he belongs to 'Vadar' caste, which is recognized as Vimukta
Jati (A) at Sr.No.12 under Government Resolution CBC-2008/PK-553/MVK-5
dated 26/06/2008 and as amended from time to time.
Osk 40-Wp-11499-2024.doc
4.1) The said Certificate was challenged by the Respondent No.3 by
filing a complaint with the District Caste Scrutiny Committee, District
Raigad. During the said proceedings the Petitioner produced his own Caste
Certificate dated 29th March 2023, issued by the Sub-Divisional Officer,
Panvel. The Petitioner also relied upon a Caste Certificate issued in favour of
Lalita Suresh Mane, a distant relative of the Petitioner. Apart from the said
two documents, the Petitioner produced various other documents in support
of his claim to the said caste. Record indicates that, the Petitioner had filed
an Affidavit disclosing his family tree / Genealogy before the concerned
Authority. In the said Genealogy, he has named his father as his only
predecessor. He did not disclose information of any other close relative in
whose favour any Competent Authority has already issued a Caste Certificate
of 'Vadar' caste.
4.2) The aforestated facts are deciphered from the record produced
before us and are admitted facts.
4.3) After considering the various documents submitted by the
Petitioner, the Respondent No.2 has come to the conclusion that, the
Petitioner does not belong to the 'Vadar' caste and has miserably failed to
prove it. The Committee has also reached to the conclusion that, the
Petitioner and his predecessors were not residents of the State of
Maharashtra on the deemed date i.e. on 21 st November 1961 and proceeded
to invalidate the caste certificate of the Petitioner.
Osk 40-Wp-11499-2024.doc
5) There is another facet to the present case.
5.1) During the course of hearing, the learned Advocate for Petitioner
at-least on three occasions submitted before this Court that, the Petitioner is
an illiterate person and therefore was not aware about maintaining the
record and giving sufficient information to the Caste Scrutiny Committee at
the time of hearing and it is for that reason, except naming his father he did
not name any other person as his close relative with a caste certificate of
'Vadar' caste. There is no averment or even a passing reference in the
pleadings of the Petition that the Petitioner is illiterate and such it appears
that a submission is made only to gain sympathy from the Court.
5.2) We therefore confronted learned Advocate for Petitioner with
the 'Verification Clause' of the Petition, which is in English language and the
Petitioner has also signed the same in English language. We are therefore of
the view that, the Petitioner is suppressing material facts from this Court and
only to get a favourable Order in his favour, is trying to mislead the Court.
5.3) We deem it appropriate to put a quietus to the said issue at this
stage. In view of the above, we draw a safe inference from the pleadings in
the Petition that, the Petitioner's claim of being an illiterate is false and he is
conversant with English language.
6) Be that as it may. Perusal of entire record clearly reveals that,
the Petitioner has not produced any cogent evidence to legally infer that, he
belongs to 'Vadar' caste. The only piece of evidence relied upon by the
Osk 40-Wp-11499-2024.doc
Petitioner is the Caste Certificate of his distant relative. The Petitioner has
failed to prove the affinity test or close affinity with Smt. Lalita Mane for
reliance on her Caste Certificate. The various other documents relied upon
by the Petitioner in support of his claim are of no assistance to him.
6.1) After taking into consideration the entire record, this Court is of
the view that, the Respondent No.2 has not committed any error either in
law or on facts, while passing the impugned Order dated 15th July 2024.
7) There are no merits in the Petition and is accordingly dismissed.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2025.04.16
13:04:25
+0530
