Geeta Mangalsingh Chavhan v. State of Maharashtra, through its Secretary, Ministry of Tribal Welfare Department
2017-07-18
R.K.DESHPANDE, SWAPNA JOSHI
body2017
DigiLaw.ai
JUDGMENT : R.K. DESHPANDE, J. 1. The claim of the petitioner for ‘Rajput Bhamta – Vimukta Jati-A’ was rejected by the Divisional Caste Certificate Scrutiny Committee, by its order dated 13.07.2010, which is the subject matter of challenge in this petition. 2. With the assistance of the learned counsels appearing for the parties, we have gone through the order of the Committee and the documents placed on record at Annexure-F and Annexure-G, pertaining to the period from 15.03.1950 to 01.04.1956 in relation to the father of the petitioner showing his caste as Rajput Bhamta. The Committee appears to have called one S.G. Bais, a teacher in the Zilla Parishad Secondary School at Bora (Tiroda), Zilla Parishad, Gondia, and his statement was recorded that the old record is not available and hence new record has been prepared, in which there is an entry at Sr.No. 356 in the name of the father of the petitioner showing him as ‘Rajput’, which is made as ‘Raajput’ and the word ‘Bhamta’ is added subsequently. The Committee has acted on the basis of this statement and invalidated the caste claim of the petitioner. 3. The specific amendment in the petition in the amended para is that, such statement was recorded by the Scrutiny Committee showing some interpolation and the copy of such statement was never supplied to the petitioner, nor the original entry was shown to the petitioner. In the Police Vigilance Cell report, there is no reference to this aspect of the matter about the tampering of entry and unless the petitioner is confronted with such evidence, which is to be acted against him, the Committee committed an error in recording the findings to reject the claim of the petitioner. The order passed by the Committee cannot, therefore, be sustained and it will have to be set aside with an order of remand. 4. In the result, the writ petition is allowed. The order dated 13.06.2010 passed by the Divisional Caste Certificate Scrutiny Committee, Nagpur Division, Nagpur, invalidating the caste claim of the petitioner for Rajput-Bhamta (Vimukta Jati-A) is hereby quashed and set aside. The matter is remitted back to the Committee to decide the claim afresh in accordance with law after giving the petitioner an opportunity to explain such entry or to cross examine the teacher whose statement is being relied upon. The petitioner to appear before the Committee on 28.08.2017.
The matter is remitted back to the Committee to decide the claim afresh in accordance with law after giving the petitioner an opportunity to explain such entry or to cross examine the teacher whose statement is being relied upon. The petitioner to appear before the Committee on 28.08.2017. The Committee to decide the matter within a period of six months thereafter. 5. It is informed that in 2016, a separate District Caste Scrutiny Committee for Gondia District has been constituted. Hence, the matter is remanded back to the said Committee and the petitioner to appear before the said Committee. No order as to costs.