Narendra Haribhau Pawar v. The State Of Maharashtra Through The Secretary And ORS.

47-WP369-17.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 369 OF 2017 Narendra Haribhau Pawar

...Petitioner

Versus

The State of Maharashtra & ors.

...Respondents

Mr. Nihal Mansuri, I/b Mr. Ashish Satpute, for the Petitioner.

Mr. R. P. Kadam, AGP for the State/Respondent no.1.

CORAM:

R. M. BORDE & N. J. JAMADAR, JJ DATED:

11th JUNE, 2019 PC:- 1.

Heard the learned Counsels for the parties.

2.

The Petitioner is objecting to the order passed by the Scrutiny Committee dated 29th November, 2016 directing invalidation of the caste certificate issued to the Petitioner. The Petitioner claims to belong to 'Kunbi' caste, which is included in other backward category. The caste certificate issued to the Petitioner was referred to Scrutiny Committee for verification and the Committee after scrutinising the report of the vigilance cell as well as on consideration of evidence produced by the Petitioner in support of his claim recorded the conclusion that the Petitioner has failed to establish his claim as belong to 'Kunbi' other backward category and, as such, by an order dated 29th November, 1/2

47-WP369-17.DOC 2016, directed invalidation of the caste certificate issused to the Petitioner. It is recorded by the Scrutiny Committee in the order impugned in this petition that the Petitioner tendered a death certificate in Form no.14 issued by the Tahsildar, wherein the date of death of his grandfather is recorded as 11th January, 1964 and the caste of the deceased is recorded as 'Hindu-Kunbi'. It is further recorded in the order passed by the Scrutiny Community that in the original record the entry in respect of the caste 'Kunbi' appears to have been recorded in different ink and is of recent origin. The Scrutiny Committee as such refused to rely upon the document i.e. certificate in Form no.14 relied upon by the Petitioner in respect of the death of his grandfather.

Apart from this, the Scrutiny Committee has also recorded that in the original School Leaving Register maintained by the School, the caste 'Kunbi' appears to have been added at a subsequent stage. It is observed by the Committee that the addition of the caste 'Kunbi' recorded in the School Leaving Register appears to be of a recent origin. We do not find any infirmity or irregularity in the order passed by the Scrutiny Committee directing invalidation of the caste certificate issued to the Petitioner. The petition being devoid of substance stands dismissed. [N. J. JAMADAR, J.] [R. M. BORDE, J.]