Ranjit Narsing Thakur v. District Caste Certificate Scrutiny Committee Nanded Thruogh Member Secretary And Others

1 88-WP6500-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6500 OF 2019 Ranjit Narsing Thakur .. Petitioner

Versus

District Caste Certificate Scrutiny Committee, Nanded Through Member Secretary and others .. Respondents Mr. Sagar S. Phatale, Advocate for the Petitioner. Mr. S. B. Narwade, AGP for Respondent No. 1.

Mr. S. B. Pulkundwar, Advocate for Respondent Nos. 2 and 3. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 27th JANUARY, 2020.

PER COURT:- .

The caste claim of the petitioner as belonging to "Rajput Bhamta" caste (Vimukta Jati) is invalidated.

2.

Among the various submissions, one of the submission of the learned counsel for the petitioner is that the vigilance is not conducted. The documents are not verified. Home enquiry was not conducted and without conducting vigilance the claim is decided. 3.

The learned AGP submits that as there are over writing and interpolation in the school record of the petitioner regarding caste wherein "Rajput Bhamta" is subsequently added. The vigilance has not

2 88-WP6500-19.odt been conducted. According to the petitioner, there is a signature of the Headmaster appearing when the correction of the caste was made in the school record.

4.

None the less, the vigilance also includes home enquiry. There are documents on record wherein caste is recorded as "Rajput Bhamta". The documents are of recent origin. The original document is school admission register probably of the year 1974 wherein word "Bhamta" appears to be added subsequently and in different ink. There is signature appearing below it. It is not clear whose signature it is. The vigilance would be in a better position to consider the same. 5.

Considering the said aspects, we set aside the impugned order and relegate the matter to the committee. The petitioner shall appear before the committee on 10.02.2020. The committee shall direct vigilance to be conducted. The committee shall decide the proceeding expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The petitioner shall cooperate in expeditious disposal of the proceeding.

6.

Writ petition is partly allowed. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.