Ku. Divya D/O Manoj Jain v. District Caste Certificate Scrutiny Committee, Washim Thr. Member Secretary And ANR.
2025:BHC-NAG:5940-DB 915 wp 2523.25.odt..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2523 OF 2025 Ku. Divya D/o Manoj Jain .Vs.
District Caste Certificate Scrutiny Committee, Washim thr. its Member Secretary and another __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. A.P. Kalmegh, Advocate for the petitioner. Mr. N.S.Rao, AGP for respondent No.1/State.
CORAM : NITIN W. SAMBRE AND SACHIN S. DESHMUKH, JJ.
DATE : 25.06.2025 1.
Heard.
2.
The challenge is to the order dated 13.11.2024 passed by respondent No.1-District Caste Certificate Scrutiny Committee, Washim whereby the petitioner's claim of belonging to Saitwal (OBC) came to be invalidated and a communication dated 08.11.2024.
3.
Admittedly, there was no Vigilance Cell enquiry conducted in the matter.
4.
The Committee, while appreciating the entry in the kotwal book in relation to grandfather, has noted that son Hiraman was born to Baknat @ Gangaram Saitwal on 15.09.1937. However, the said birth was reported prior in point of time 04.09.1937. As such, disputed the genuineness of the said entry.
915 wp 2523.25.odt..odt 5.
The list that was expected of the Committee was to conduct a vigilance inquiry and call upon the petitioner to explain the said contradiction. Thus, the Committee has failed to.
6.
Such conduct of the Committee has resulted in the denial of an opportunity to hear the petitioner. 7.
That being so, the order impugned dated 13.11.2024 is hereby quashed and set aside.
8.
The proceeding in regard to the verification of the caste claim of the petitioner stood restored to the file of respondent No.1-Committee, before whom the petitioner shall appear on 04.07.2025. It shall be open for the petitioner to submit the additional documents. 9.
We expect the Committee to complete the process of verification within a period of four months thereafter. 10.
The petition stands partly allowed in the aforesaid terms.
11.
As the Committee is deal with the issue of deciding the claim for validation, we deem it appropriate to direct of the admission authority/college authority and the other the authorities not to disturb the admission of the petitioner.
12.
Writ Petition stands disposed of. No costs.
(SACHIN.S. DESHMUKH, J) (NITIN W. SAMBRE, J.) manisha