Laxman Hilalsing Salok v. State Of Maha And ORS

1 WP 4994/2003

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4994 OF 2003 Laxman s/o Hilalsing Salok, Aged 28 Years, Occupation Lecturer, Resident of T2 Green Quarter, University Campus, Dr. Babasaheb ambedkar Marathwada University, Aurangabad - 431004 Petitioner V E R S U S The State of Maharashtra, Through Secretary, Social Justice Department, Mantralaya, Mumbai - 400032 Respondents Divisional Caste Scrutiny Committee, Commissioner Office (Revenue), Through its Chairman, Divisional Joint Commissioner (Revenue), Aurangabad, District Aurangabad Mr. P.R. Patil, Advocate for the Petitioner Mr. M.B. Bharaswadkar, A.G.P.

for the Respondents/State CORAM : S.V.GANGAPURWALA & SANGITRAO S. PATIL, JJ.

DATE : 3RD FEBRUARY, 2017

2 WP 4994/2003 ORAL JUDGMENT (PER: S.V.GANGAPURWALA, J.) :

1.

The petitioner's Caste as belonging to 'Rajput Bhamta" Vimukta Jati, has been invalidated by the respondent no. 2 - Committee. Aggrieved thereby, present petition is filed.

2.

Mr. P.R. Patil, learned counsel for the petitioner states that the Committee has not considered the documentary evidence on record. The Vigilance report is in favour of the petitioner. The Committee has not considered the affinity test. During the pendency of the Writ Petition, cousin brother of the petitioner namely Santosh Ramsingh Salok and cousin niece namely Durgadevi Sudham Salokh are issued with validity Certificates of the Committee.

3.

Mr. M.B. Bharaswadkar, learned Asst.

Government Pleader submits that there is contra evidence on record against the petitioner.

3 WP 4994/2003 4.

We have gone through the documetary evidence on record. Upon perusal of the judgment delivered by the Committee, it transpires that the Committee has not considered the affinity test and the ethnic linkage of the petitioner with 'Rajput Bhamta' community. It would be the corroborative piece of evidence. It is seen that during pendency of the Writ Petition before this Court, the validity has been granted to the near relatives of the petitioner namely Santosh Ramsingh Salok and Durgadevi Sudham Salokh. It is for the vigilance Cell to verify the genuineness of the relationship of the petitioner with those persons in whose favour Validity Certificates have been issued. So also, it is incumbent upon the Committee to undertake affinity test. In absence thereof, the Judgment cannot be sustained. In the light of above, we pass the following order :-

O R D E R

1.

The impugned Judgment and order dated 20.09.2003, passed by respondent no 2

4 WP 4994/2003 Divisional Caste Scrutiny Committee, Aurangabad is quashed and set aside.

2.

The petitioner shall appear before the Divisional Caste Scrutiny Committee, Aurangabad on 22nd February, 2017. The petitioner is at liberty to produce the additional documents before the Scrutiny Committee.

3.

The Divisional Caste Scrutiny Committee, Aurangabad shall verify the validity Certificates produced by the petitioner and confirm the relationship of the petitioner with those persons in whose favour Validity Certificates have been issued and may be referred to the Vigilance Cell, so also conduct affinity test, and thereafter, dispose of the proceeding within six months from the date of appearance of the petitioner.

5 WP 4994/2003 5.

Rule is made absolute in the above terms. No costs.

( SANGITRAO S. PATIL, J.) ( S.V. GANGAPURWALA, J. ) SRM/3/2/17