Ku. Vandana Dashrath Khurge (Sau. Vandana K. Jambhulkar) v. Divisional Caste Certificate Scrutiny Committee, Nagpur Thr. Member Secretary And Others

Order 2302wp1006-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1006/2022.

Ku. Vandana Dashrath Khurge.

-VERSUSDivisional Caste Certificate Scrutiny Committee, Nagpur and others. Office notes, Office Memoranda of Coram, appearances, Court's orders or Court's or Judge's Orders directions and Registrar's orders.

Mr. R.D. Karode, Advocate for the Petitioner. Ms.M.Deshmukh, A.G.P. for Respondent No.1.

CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 23 FEBRUARY 2022.

P.C.

By this petition the Petitioner has challenged the order passed by the Respondent No.1 - Scrutiny Committee dated 22 April 2014 invalidating the caste certificate issued to the petitioner as belonging to 'Nhavi Banjara' (Vimukta Jati), and subsequent order dated 31 January 2022 passed by the Respondent Nos. 2 and 3 - Educational Institute.

2.

The learned Counsel for the Petitioner sought to contend that the Scrutiny Committee has passed the order without conducting vigilance cell enquiry.

Order 2302wp1006-22 3.

The learned A.G.P. pointed that before the Scrutiny Committee, the Petitioner has specifically withdrew the claim as belonging to 'Nhavi Banjara' (V.J.), and the Committee also upon assessment of documents found that the Petitioners caste claim cannot be sustained and therefore, the impugned order was passed by the Scrutiny Committee in the year 2014.

4.

The Respondent Institution inspite of this order of the Scrutiny Committee continued the services of the Petitioner and finally issued the impugned order dated 31 January 2022, terminating the services of the Petitioner. The mandate of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificates Act, 2000 (Maharashtra Act No. 23 of 2001), more particularly Section 10 is clear.

5.

Considering the invalidation of the caste certificate of the Petitioner in the above manner, no relief can be granted to the Petitioner. Writ Petition is rejected.

(ANIL L. PANSARE, J) (NITIN JAMDAR, J) Rgd Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur