Supreme Court - Daily Orders
Veena Ashok Godse @ Veena Hemant ... vs The State Of Maharashtra on 29 November, 2017
Bench: R.K. Agrawal, Sanjay Kishan Kaul
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.19968 OF 2017
(Arising out of S.L.P.(Civil)No.25113 of 2017)
VEENA ASHOK GODSE @ VEENA HEMANT SONAWANE ... APPELLANT(S)
VS.
STATE OF MAHARASHTRA & ORS. ... RESPONDENT(S)
O R D E R
Leave granted.
We have heard the learned senior counsel appearing for the appellant, learned counsel for the respondents and perused the impugned judgment and order dated 2nd August, 2017 passed by the High Court of Judicature at Bombay as also the order of the District Caste Certificate Verification Committee at Ahmednagar dated 12th June, 2017.
The appellant herein belongs to 'Wani' community which falls under 'Other Backward Classes' category. The appellant has relied upon the documents issued by Zilla Parishad Primary School, Jeur (B) District Ahmednagar in the year 1922 which is a School Leaving Certificate in the name of Shankar Mahadev Godase wherein the caste of Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2017.12.01 the appellant's great grandfather was mentioned as 'Hindu 16:56:09 IST Reason: Wani'. The appellant has also relied upon the 1 certificate issued by the authorities in respect of her cousin uncle, grandfather and cousin grandfather and her sister wherein the caste has been recorded as 'Wani'. Merely because her grandfather subsequently in the year 1944 got his caste mentioned as 'Kulwnt Wani' and accordingly father of the appellant and brothers of the appellant had also mentioned caste as 'Kulwant Wani', it does not mean that the appellant would become a member of the 'Kulwant Wani' caste. For the simple reason that they are the off springs of her great grandfather who had been recorded as belonging to 'Hindu Wani' caste in the year 1922 as per the School Leaving Certificate issued.
We may mention here that this Court in the case of Anand v. Committee for Scrutiny and Verification of Tribe Claims and others reported in (2012) 1 SCC 113 in paragraph 22 has specifically held that while dealing with documentary evidence, greater reliance may be placed on pre-Independence documents because they furnish a higher degree of probative value to the declaration of status of a caste, as compared to post-Independence documents.
The document furnished in respect of great grandfather is of the year 1922 and therefore it has to be relied upon. Likewise, the observation made by the High Court that as the appellant is married in a caste 2 which is not known, may be forward class that does not hold the field.
We, therefore, hold that the appellant belongs to 'Wani' caste and the order passed by the Caste Scrutiny Committee and also the impugned order of the High Court are set aside.
Thus, the appeal succeeds and is allowed.
......................J. [R.K.AGRAWAL] ......................J. [SANJAY KISHAN KAUL] New Delhi;
November 29, 2017.
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ITEM NO.12 COURT NO.8 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 25113/2017
(Arising out of impugned final judgment and order dated 02-08-2017 in WP No. 8017/2017 passed by the High Court of Judicature at Bombay, Bench at Aurangabad) VEENA ASHOK GODSE @ VEENA HEMANT SONAWANE Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.94023/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.94024/2017-EXEMPTION FROM FILING O.T. and IA No.113506/2017-APPROPRIATE ORDERS/DIRECTIONS) Date : 29-11-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Jayant Bhushan,Sr.Adv.
Mr. Aniruddha P. Mayee, AOR Mr. Siddharth Shinde,Adv. Mr. D.Gogoi,Adv.
Mr. Chirag Jain,Adv.
For Respondent(s) Mr. Vinay Navare,Adv.
Mr. Prashant Maindargi,Adv. Ms. Gwen Kartika,Adv.
Ms. Abha R. Sharma, AOR Mr. Mahaling Pandarge,Adv. Mr. Nishant R.Katneshwarkar, AOR 4 UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties. Leave granted.
The appeal is allowed in terms of the signed order. Pending applications stand disposed of.
(ANITA MALHOTRA) (CHANDER BALA) COURT MASTER COURT MASTER
(Signed order is placed on the file.) 5