Bombay High Court
Arun S/O Shankarrao Rajput vs The Divisional Caste Certificate ... on 24 August, 2018
Author: R. K. Deshpande
Bench: R. K. Deshpande
1 928-J-WP-2577-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 2577 OF 2017
Arun s/o Shankarrao Rajput,
Aged about : 31 years,
Occupation : Service,
R/o Ward No.5,
Near Dr. Gupta Hospital,
Chikhli, Tah. Chikhli,
Dist. Buldhana. ... PETITIONER
V E R S U S
The Divisional Caste Certificate
Scrutiny Committee No.2, Akola,
Tah. and Dist. Akola, through
its Chairman. ... RESPONDENT
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Shri N. B. Kalwaghe, Advocate for petitioner.
Shri Amit Madiwale, Assistant Government Pleader for
respondent-sole.
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CORAM:- R. K. DESHPANDE &
ARUN D. UPADHYE, JJ.
DATED : 24/08/2018.
ORAL JUDGMENT : (PER R. K. DESHPANDE, J.)
1. Rule made returnable forthwith. Heard finally with the consent of the learned counsels for the parties.
2. The claim of the petitioner for "Rajput Bhamta"
which is Scheduled Vimukta Jatis-A at Sr.No.10 in the list of De- ::: Uploaded on - 29/08/2018 ::: Downloaded on - 31/08/2018 23:28:22 :::
2 928-J-WP-2577-17.odt notified Tribes (Vimukta Jatis) has been rejected by the Scrutiny Committee by its order dated 19/09/2016 which is the subject matter of challenge in this petition. The claim was made for the purpose of service in Zilla Parishad as Pharmacy Officer.
3. Before the Committee, the petitioner produced several documents in support of his claim for "Rajput Bhamta".
The Committee records that in the documents prior to 1960, the entries are of "Rajput" and one entry is of "Kunbi". The petitioner relied upon the validity certificates issued by the Committee in the name of Swapnil Sakharam Rajput and Swapnil Atmaram Rajput on 26/04/2011 and 12/07/2011 in respect of their claim for "Rajput Bhamta". The Committee has held that the petitioner has failed to establish that these two persons are his blood relatives.
4. The Police Vigilance Cell conduced the home enquiry on two occasions and on both the occasions, the finding is recorded about the blood relations of the petitioner with Swapnil Sakharam Rajput and Swapnil Atmaram Rajput, as claimed by the petitioner. There is no basis for the Committee to hold that the petitioner has failed to establish his relationship with those, who ::: Uploaded on - 29/08/2018 ::: Downloaded on - 31/08/2018 23:28:22 ::: 3 928-J-WP-2577-17.odt were issued the validity certificates. In view of the decision of this Court in the case of Apoorva d/o Vinay Nichale Vrs. Divisional Caste Certificate Scrutiny Committee No.1 and others, reported in 2010 (6) Mh.L.J. 401, the claim of the petitioner for "Rajput Bhamta" needs to be allowed as the relationship of the petitioner with persons to whom such validity certificates are issued, is established.
5. In the result, this writ petition is allowed. The order dated 19/09/2016 passed by the Divisional Caste Certificate Scrutiny Committee at Akola is hereby quashed and set aside. The claim of the petitioner for "Rajput Bhamta" is held to be valid. The Committee is directed to issue Caste Certificate accordingly, in the name of the petitioner within a period of four weeks from the date of receipt of this Judgment.
6. Rule is made absolute in the aforesaid terms. No order as to costs.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.)
Choulwar
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