The District Caste Verification Scrutiny Committee Nanded And Others v. Vishal Bhagwanrao Chandel And Another

909 review.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO. 276 OF 2017 IN WRIT PETITION NO. 10389 OF 2016 The District Caste Verification Scrutiny Committee Nanded & oth.

... Applicants.

VERSUS

Vishal Bhagwanrao Chandel and another.

... Respondents.

...

Mr. S.G. Karlikar, A.G.P. for applicants.

Mr. S.K. Chavan, Advocate for respondents .

CORAM

: S. V. GANGAPURWALA & K. L. WADANE, JJ.

DATE :

8th December, 2017 ORDER:

1.

The scrutiny committee has filed present review application.

2.

We have heard the learned A.G.P. Learned A.G.P. submits that present review is filed on the ground that affinity test is not conducted.

3.

The committee should consider that when the proposal is forwarded to the committee for verification of the caste claim, it is duty of the committee to follow the procedure. The committee is not an 1/2

909 review.odt adversary party. It is certainly not a adversarial litigation between the candidate and the committee. It is the duty of the committee to decide the proceedings in accordance with law. The affinity test is a corroborative piece of evidence.

4.

While deciding the writ petition we have considered that the issue of affinity test was not raised. Moreover, we had found that the documents on record produced consistently referred the caste as 'Rajput Bhamta'. There was no contra evidence on record. In the record of the father the caste 'Hindu' is mentioned. However, the same is religion and cannot be considered as contra entry. Considering the consistent evidence, we had allowed the writ petition. 5.

In the light of above, review application is dismissed. No costs.

(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. ) mkd 2/2