Research › Search › Judgment

Bombay High Court · body

2017 DIGILAW 1392 (BOM)

Shamkant Narayan Nandanwar v. State of Maharashtra, through its Secretary, Department of Agriculture, Animal Husbandry, Dairy Development & Fisheries

2017-07-18

R.K.DESHPANDE, SWAPNA JOSHI

body2017
JUDGMENT : R.K. DESHPANDE, J. 1. None appears for the petitioner. Heard Shri Maldhure, the learned Assistant Government Pleader appearing for the respondents. 2. The petitioner was selected for the post of Animal Husbandry Development Officer under the State Government through Maharashtra Public Service Commission. However, he was not granted an order of appointment, as the caste validity certificate was not produced. The claim of the petitioner was referred to the said Committee for verification and by an order dated 15.03.2000, the Committee has invalidated the caste claim of the petitioner and the caste certificate dated 19.08.1988 has been cancelled. 3. The claim of the petitioner was for Halba – Scheduled Tribe category. From the order impugned, it seems that the petitioner has avoided to submit original caste certificate and he has also failed to cooperate with the Committee for disposal of the matter in accordance with the procedure prescribed. The Committee has also recorded the finding, holding that the caste of the father of the petitioner is shown as ‘Koshti’. However, in the petition, it is the averment that the documents prior to 1950 are available with the petitioner showing the caste as ‘Halba – Scheduled Tribe’. 4. In view of the aforesaid position, we grant the petitioner one more chance to appear before the Committee to establish his claim for Halba – Scheduled Tribe Category. We, therefore, allow this petition by setting aside the order and directing the Committee to decide the claim afresh. 5. In the result, writ petition is allowed. The order dated 15.03.2000 passed by the Committee is hereby quashed and set aside. The matter is remitted back to the said Committee for decision afresh in accordance with law. The petitioner is directed to submit the original caste certificate before the said Committee for verification and scrutiny, failing which the Committee shall pass an order rejecting the caste claim only on that ground. Rule is made absolute in above terms. No order as to costs.