Shaikh Mohammad Haroon s/o Mohammad Yaseen v. State of Maharashtra, through its Secretary, Social Welfare Department
2013-04-04
R.M.BORDE, SUNIL P.DESHMUKH
body2013
DigiLaw.ai
Judgment : (R.M. Borde, J.) 1. Rule. By consent, rule is made returnable forthwith and heard finally. 2. Both the petitioners claim that they belong to Julaha caste which is included in Other Backward Category. The proposals for verification of caste of the petitioners were forwarded at their instance to Respondent No.2-Committee. Respondent No.2-Committee on receipt of the proposals, called for report of the vigilance cell. 3. In the meanwhile, after receipt of the enquiry report from vigilance cell, and since the District Level Committees were constituted for the purpose of verification of caste claims and petitioners were desirous of contesting elections to the local body, the caste claims of the petitioners pending with Respondent No.2-Committee, were forwarded to Respondent No.3-District Level Committee. According to the petitioners, proposals for verification of their caste certificates forwarded to the District Level Committee are still pending with said committee and no decision as yet, has been arrived at. 4. The Division Bench of this Court at Bombay in the matter of ShriMangesh Nivrutti Kashid vs. The District Collector, Satar, 2012 (5) ALL MR 759, declared constitution of the District Level Committee illegal and further held that such committees cannot be invested with powers to consider the claims for verification of caste certificates. 5. In this view of the matter, the proposals for validation of caste certificates pertaining to the petitioners pending with Respondent No.3-District Level Committee, shall have to be directed to be transferred to Respondent No.2-Committee for taking decision on the validation of caste certificates in accordance with provisions of law. 6. We, therefore, direct Respondent No.3-Committee to forward pending proposals pertaining to the petitioners to Respondent No. 2-Divisional Caste Scrutiny Committee, Latur, for taking decision in respect of validation of certificates. Respondent No. 3 shall transfer the proposals to Respondent No. 2 Committee and in any event, within a period of four weeks from today. 7. Respondent No.2-Committee is directed to consider the caste verification claims pertaining to the petitioners on their own merit and in accordance with provisions of law, as expeditiously as possible and preferably within a period of 8 months from the date of receipt of said proposals from Respondent No.3-Committee. 8. Rule is made absolute accordingly. There shall be no order as to costs.