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Bombay High CourtCAW/2227/2024allowed

Shivkumar S/O Ramvilas Kaithwas v. State Of Maharashtra, Thr. Commissioner, District Caste Certicate Scrutiny Committee, Amravati

2024-09-20Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

2024:BHC-NAG:10553-DB 1 906 caw2227.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO.(CAW) NO.2227/2024 IN WRIT PETITION NO.3289/2024 (DECIDED) Shivkumar Ramvilas Kaithwas Vs. State of Maharashtra Through Commissioner, District Caste Certificate Scrutiny Committee, Amravati. Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. D.N.Mudgale, Advocate for petitioner.

Mr. H.D.Marathe, AGP for respondent (applicant). CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , JJ .

ATE : SEPTEMBER 20 , 202 4.

Heard.

2.

This Civil Application is moved by the respondent-District Caste Certificate Scrutiny Committee needs to be allowed by replacing para 3 of the order dated 11th July, 2024, which reads thus: "The petitioner belongs to "PAASI" Scheduled Caste and the proceedings are governed by the provisions of the Maharashtra Scheduled Castes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012. Rule 12 of the said Rules reads thus:

"12. Constitution of Vigilance Cell:

(1) There shall be a Vigilance Cell to assist each Scrutiny Committee in conducting the field inquiry under rule 17. The Vigilance Cell shall consist of- (a) Deputy Superintendent of Police or equivalent;

2 906 caw2227.24.odt (b) Police Inspectors;

(c) Police constables to assist the Police Inspectors. (2)Jurisdiction of the Vigilance Cell shall be subject to territorial jurisdiction of concerned Scrutiny Committee, for all purposes, including domestic inquiry and verification of authenticity of documents;

Provided that, in appropriate case, if Scrutiny Committee feels, it may solicit a report of Vigilance Inquiry, from any other concerned Scrutiny Committee.

(3) Vigilance Cell shall work under the control and supervision of concerned Caste Scrutiny Committee". 3.

By way of last indulgence, we extend the time by four weeks from today with an understanding that no further extension on whatsoever count shall be allowed.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Mukund Ambulkar