Sonakshi Rajendra Salunke v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6809 OF 2018 Sonakshi Rajendra Salunke, Minor through her father and Natural guardian Rajendra Narayan Salunke, resident of 8/145, Maghwadi Police Vasahat, Income Tax Colony, Jogeshwari (East), Mumbai 400 060.

.... Petitioner

Versus

1.

State of Maharashtra through its Secretary, Tribal Development Department, mantralaya, Mumbai-400032.

2.

Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane through its Member Secretary, having its Office at Vartak Nagar Ward Committee office, Vedant Complex, Opposite Kores Co., Vartak Nagar, Wagale Estate, Thane (W), Dist. Thane.

3.

Commissioner and Competent Authority, State CET Cell, Mumbai having its office at 1st floor, New Excelsior Building A.K. Nayak Marg, Fort, Mumbai-400 001.

4.

Additional District Deputy Collector, Mumbai Suburban District, Andheri, Mumbai.

... Respondents.

Mr. R.K. Mendadkar with Mr. C.K. Bhangoji, Mr. Tanaji Jadhav & Ms Priyanka Shaw for the Petitioner.

Mr. S.B. Kalel, Asstt. Government Pleader, for the Respondents.

CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : JUNE 26, 2018 ORAL JUDGMENT ( Per Shri S.C. DHARMADHIKARI, J.

):

Not on board. Taken up on production board on request and urgency.

2.

In this case as well the order of the Scrutiny Committee, dated 20-6-2018, is challenged. That invalidates the Caste Certificate of the petitioner issued by the Competent Authority certifying her as belonging to Thakur Scheduled Tribe. 3.

Rule. The respondents waive service. The writ petition is taken up for hearing forthwith.

4.

The Caste Certificate, dated 4-6-2004, issued by

respondent No.4, was forwarded to this Competent Scrutiny Committee so as to verify and scrutinize the petitioner's claim of belonging to Thakur Scheduled Tribe.

5.

In support of the claim, the petitioner, inter alia, relied on the Certificate of Validity granted to her father Rajendra Narayan Salunke. This Certificate of Validity was granted on 9-6-2011. Further, the petitioner's real aunt Archana Narayan Salunke was also issued a similar Certificate of Validity by the Aurangabad Committee on 13-9-2011. If these two Certificates' validity had to be ignored, then, the Committee was expected to arrive at a clear finding of fraud or misrepresentation which would enable it to completely ignore the Certificates of Validity issued to the blood relatives. The reasoning of the Committee in that regard is extremely strange. It says that the Police Vigilance Cell brought the records of the petitioner's cousin grandfathers which reveal their caste as Maratha. These records are of the oldest period. What does the Committee means by the oldest period is not clarified at all. If that means Pre-Constitutional or Pre-Presidential document,

then while granting the Certificate of Validity to the father of the petitioner these documents were very much available. If the petitioner's father was granted a Certificate of Validity, which endorses his claim as belonging to Thakur Scheduled Tribe and that order is relied and applied in the case of the petitioner's aunt, then, how these oldest documents would destroy the credibility and evidentiary value of these two Certificates of Validity has not been clarified even during the course of arguments, today. The Committee's reasoning based on the earlier Judgments of this Court and that of the Hon'ble Supreme Court of India belie the fact that the petitioner does not have to establish anything beyond her claim of being a Thakur Scheduled Tribe, listed at Serial No.44 of the Presidential Notification.

In the given circumstances, if the petitioner's father's Certificate is to be discarded, then proof of fraud or misrepresentation ought to be on record. In the absence thereof, some general observations and vague findings do not enable the Committee to discard the same.

time and again. For instance, we refer to a Judgment of this Court, relied upon by Mr. Mendadkar in the case of Motilal S/o Namdeo Pawar Vs. Scheduled Tribe Certificate Scrutiny Committee, Nashik & Others, decided on 22-12-2017 {Civil Writ Petition No.7 of 2014}. Following the said reasoning and finding and the impugned order being vitiated by total nonapplication of mind and perversity, we quash and set aside the same. The writ petition is allowed. Rule is made absolute in terms of prayer clauses (a) and (b). The petitioner shall be considered as eligible for admission against a reserved seat and particularly a seat reserved for the Scheduled Tribe. The Certificate of Validity be issued following our directions by tomorrow (27-6-2018).

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)