Gajanan Bhikaji Dhumal v. State Of Maharashtra, Through Secretary, Social Justice Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1177 OF 2012 Gajanan Bhikaji Dhumal Aged 34 years, residing at Peth, Tal. Ambegaon, Dist. Pune.

.. Petitioner Vs.

1. The State of Maharashtra Through its Secretary, Social Justice Department, Mantralaya, Mumbai - 400 032.

2. Divisional Caste Certificate Scrutiny Committee No.3, Pune Through its Member Secretary Having its office at P.M.T.Bldg., rd Floor, above Labour Court, Swargate, Pune - 411 042.

3. Sub Divisional Magistrate Junnar Sub Division, Dist. Pune.

.. Respondents Mr. R.K. Mendadkar, for the Petitioner.

Ms. M.P. Thakur, AGP for Respondent Nos.1 to 3-State. CORAM : SUNIL B. SHUKRE & RAJESH S. PATIL, JJ th AUGUST, 2023.

DATE : 11 by AARTI GAJANAN PALKAR Date:

2023.08.11 16:40:31 +0530 AARTI GAJANAN PALKAR Aarti Palkar 1/4 902.WP.1177.2012.doc

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.) 1.

Heard. Rule. Rule made returnable forthwith by consent of learned counsel for the respective parties.

2.

We find that, during the pendency of this petition, the same Scrutiny Committee i.e. Respondent No.2 has granted validity certificate to the caste certificates of Shubhangi Suresh Dhumal and Shubhada Suresh Dhumal, daughters of real brother of the petitioner as they belonging to Kunbi OBC caste. The validity so granted to the blood relatives of the petitioner from the paternal side has great probative value. However, on considering the fact that they were not available for appropriate consideration by the Scrutiny Committee, it is necessary that the matter is remanded back to the Scrutiny Committee for a fresh consideration of the issue.

After all, caste claims decided one way or the other have great probative value on the rights of the claimants, and therefore, just because a document of great probative value was not available at the time when the caste claim was decided by the Scrutiny Committee, the claimant must not be put to disadvantage of suffering an adverse order that is passed against him. In such cases, it is necessary that a fresh opportunity is granted to the claimant so that the status claimed by him attains finality once and for all. Besides, it must not happen that in the same family there are members who are Aarti Palkar 2/4 902.WP.1177.2012.

certified to be belonging to one caste and others who are not certified to be belonging to the same caste.

3.

For all these reasons, we find that this is a fit case for directing the Scrutiny Committee/Respondent No.2 to scrutinize the caste claim of the petitioner afresh by considering the subsequent developments. Hence, the following order :- (i) The petition is allowed.

(ii) The impugned order dated 12 th August, 2011 passed by the Scrutiny Committee/Respondent No.2 is hereby quashed and set aside.

(iii) The matter is remanded back to the Scrutiny Committee/Respondent No.2 for fresh decision in the matter. (iv) Leave to produce validity certificates and other additional documents before the Scrutiny Committee/Respondent No.2, is granted to the petitioner.

(v) We direct that the Scrutiny Committee/Respondent No.2 shall consider the validity certificates in the light of the vigilance report and other evidence on record.

(vi) The Scrutiny Committee/Respondent No.2 shall decide the caste claim of the petitioner afresh in accordance with law as expeditiously as possible and preferably within four weeks from the date of appearance of the petitioner before the Scrutiny Aarti Palkar 3/4 902.WP.1177.2012.doc

Committee/Respondent No.2.

(vii) The petitioner shall appear before the Scrutiny Committee/ Respondent No.2 on 21 st August, 2023 at 11.00 a.m.

4.

Rule is made absolute in the above terms.

5.

Writ Petition is disposed of.

[ RAJESH S. PATIL, J. ] [ SUNIL B. SHUKRE, J. ] Aarti Palkar 4/4 902.WP.1177.2012.doc