Vedanti Nitin Sabale v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BASAVRAJ GURAPPA PATIL CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7962 OF 2021 BASAVRAJ GURAPPA PATIL Date: 2022.06.17 17:53:42 +0530 Vedanti Nitin Sabale ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Pralhad Paranjape a/w. Manish Kelkar for the Petitioner Mrs. P.J.Gavhane, AGP for the State

CORAM:

S.V. GANGAPURWALA & DHIRAJ SINGH THAKUR, JJ.

DATED :

JUNE 16, 2022 P.C.

Rule.

Rule is made returnable forthwith. By consent of the parties taken up for final hearing.

The caste claim of the Petitioner as belonging to 'Koli Mahadev', Scheduled Tribe is invalidated.

Amongst other submissions, one of the submissions of the learned Counsel for the Petitioner is that the old document of the great-grandfather of the Petitioner viz. Kesu, son of Yesu Sabale was produced before the Committee along with the written submissions. The said document is the entry in the school record of Kesu pertaining to the year 1913. The caste recorded of Kesu is 'Mahadev 1/3

Koli' in the school record. According to the learned Counsel, another document in the name of Vimal Sadu Sabale i.e. real sister of the Petitioner's grandfather of the year 1963 recording the caste as 'Mahadev Koli' in her school record is not considered by the Committee. The vigilance has observed that there is no interpolation in the said entry appearing in the school record. The learned counsel requests that one more opportunity be given to the Petitioner to prove her case.

We have heard the learned AGP.

Naturally, when the document was produced along with the written submissions, the Committee had no opportunity to conduct vigilance in respect of the said document of the year 1913. The old documents have more probative value. Considering that the matter involves social status of the Petitioner, we are inclined to grant one more opportunity to the Petitioner to prove her case, more particularly, in view of the additional documents produced by the Petitioner with the written submission.

In view of that, the impugned order is quashed and set aside. The matter is relegated before the Scrutiny Committee. The Petitioner shall appear before the Scrutiny Committee on 2/3

21st July 2022. The Scrutiny Committee shall conduct vigilance of the document of the year 1913 i.e. school record in the name of Kesu Yesu Sabale submitted by the Petitioner and thereafter decide the proceedings afresh, preferably within a period of four months from the date of appearance of the Petitioner.

As the date of appearance is already given, it is not necessary for the Committee to give fresh notice to the Petitioner. Rule is accordingly made absolute in above terms. No costs. (DHIRAJ SINGH THAKUR,J.) (S.V. GANGAPURWALA, J.) 3/3