Bombay High Court
Sheshrao Nivrutti Suradkar vs State Of Maha., Thr. Secretary, Social ... on 31 July, 2018
Author: R. K. Deshpande
Bench: R. K. Deshpande
1 923-J-1169-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1169 OF 2017
Sheshrao Nivrutti Suradkar,
Aged : 56 yrs. Occ : Service,
R/o Hariom Nagar, Ward No.10,
Tal. Chikhli, Dist. Buldhana. ... PETITIONER
V E R S U S
1. State of Maharashtra,
Through its Secretary,
Social Justice and Empowerment
Department, Mantralaya,
Mumbai - 32.
2. The District Caste Certificate
Scrutiny Committee,
Samajik Nyay Bhawan,
Trisharan Square, Chikhli Road,
Buldhana, through its Chairman.
3. The Chief Executive Officer,
Zila Parishad, Buldhana. ... RESPONDENTS
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Shri P. S. Khubalkar, Advocate for petitioner.
Shri A.M. Joshi, Assistant Government Pleader for respondent
Nos.1 and 2.
Shri Tariq Mohammed Zaheer, Advocate for respondent No.3.
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CORAM:- R. K. DESHPANDE &
ARUN D. UPADHYE, JJ.
DATED :
31/07/2018.
ORAL JUDGMENT : (PER R. K. DESHPANDE, J.)
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1. Rule made returnable forthwith. Heard finally with the consent of the learned counsels for the parties.
2. The challenge in this petition is to the order dated 08/12/2016 passed by the Caste Certificate Scrutiny Committee at Buldhana invalidating the claim of the petitioner for 'Rajput Bhamta' which is at Sr.No.10 in the list of Vimukta Jatis. The further relief claimed by the petitioner is to validate his claim for the said tribe, so as to entitle him to retain the benefits of service in the establishment of Zilla Parishad.
3. Before the Committee, several documents were produced showing the caste of the petitioner or his blood relatives as 'Rajput' or 'Rajput Bhamta'. The crucial documents produced on record was the Validity Certificate issued by Akola Committee in the name of Vijay Nandusingh Suradkar, the nephew of the petitioner validating his claim for 'Rajput Bhamta' (Vimukta Jatis Category). The submission of the learned A.G.P. is that the relationship of the petitioner with Vijay Suradkar has not been established and this is also the finding recorded by the Committee. It is also the submission that most of the documents produced by ::: Uploaded on - 02/08/2018 ::: Downloaded on - 03/08/2018 01:29:14 ::: 3 923-J-1169-17.odt the petitioner indicate the caste 'Rajput' and not even a single document is produced for the period of 1960 showing the caste as 'Rajput Bhamta'. He, therefore, submits that the order of the Committee needs to be upheld.
4. The petitioner produced before the Committee genealogy pointing out that Vijay Suradkar is his nephew who was granted Validity Certificate of 'Rajput Bhamta'. The genealogy was verified by the Police Vigilance Cell and in the report, this is specific finding recorded by the Police Vigilance Cell. How such relationship is established is also given in detail in the said report. But the Committee has overlooked all these aspects and in one line order, the finding is recorded that the petitioner has not produced any documentary evidence to establish his relationship with Vijay Suradkar. We find that such a finding of the Committee is not based upon any material available on record. On the contrary, the material produced on record clearly establish the relationship of the petitioner with Vijay Suradkar.
5. In view of the decision of this Court in the case of Apoorva d/o Vinay Nichale Vrs. Divisional Caste Certificate ::: Uploaded on - 02/08/2018 ::: Downloaded on - 03/08/2018 01:29:14 ::: 4 923-J-1169-17.odt Scrutiny Committee No.1 and others, reported in 2010(6) Mh.L.J. 401, the petitioner being blood relative of Vijay Suradkar is entitled to get Validity Certificate for 'Rajput Bhamta,' category of Vimukta Jatis. Though it is urged by the learned A.G.P., Validity Certificate in the name of Vijay Suradkar was issued by Akola Committee and there is nothing to show the basis on which the certificate was issued, we find that such exercise ought to have been done by the Committee before passing an order invalidating the caste claim of the petitioner. There is no finding that such Validity Certificate was obtained by playing fraud or misrepresentation and in absence of it, we have to validate the claim of the petitioner. It is not necessary for us now, to go into all other aspects of the matter as the question is covered in the decision of Apoorva d/o Vinay Nichale Vrs. Divisional Caste Certificate Scrutiny Committee No.1 and others, cited supra.
6. In the result, the said writ petition is allowed. The order dated 08/12/2016 passed by the Caste Certificate Scrutiny Committee at Buldhana, is hereby quashed and set aside. The claim of the petitioner for 'Rajput Bhamta' (Vimukta Jatis) which is at Sr.No.10 in the list maintained by the State of Maharashtra ::: Uploaded on - 02/08/2018 ::: Downloaded on - 03/08/2018 01:29:14 ::: 5 923-J-1169-17.odt stands validated and the Committee is directed to issue Caste Validity Certificate in the name of petitioner, within a period of one month from today.
7. 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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