Case Note & Summary
The petitioner, Smt. Dhanashri Chambayya Swami, filed a writ petition before the Bombay High Court challenging the order dated 10.10.2019 passed by the District Caste Certificate Scrutiny Committee, Kolhapur (Respondent No.2), which rejected her caste claim as 'Beda Jangam', a Scheduled Caste. The petitioner was appointed as an Assistant Teacher on 20.06.2008 in the establishment of Respondent No.5 based on her caste claim. After appointment, Respondent No.5 submitted her proposal for caste verification. On 02.12.2017, the Committee issued a show-cause notice asking her to produce more evidence. The petitioner appeared and submitted affidavits of two senior citizens supporting her claim. The Committee also called for a Vigilance Report. Despite these documents, the Committee rejected her claim, primarily on the ground that she had not submitted pre-constitutional documents. The petitioner contended that the impugned order was illegal and invalid as the Committee did not consider the caste certificate and service book entry of her father, nor the caste certificate of her real brother, which showed the caste as 'Beda Jangam'. The Committee, in its reply, argued that it had considered all documents including the school leaving certificate, father's bonafide certificate, and revenue documents, but found no document showing the caste as 'Beda Jangam'. The High Court, after hearing both sides, found that the Committee had failed to consider the brother's caste certificate and the father's service book entry, which were crucial evidence. The Court held that the rejection was unsustainable and set aside the impugned order, directing the Committee to reconsider the petitioner's claim afresh, taking into account all relevant documents including the brother's caste certificate and father's service book entry, and to pass a reasoned order within eight weeks.
Headnote
A) Caste Verification - Scheduled Caste Claim - 'Beda Jangam' - Consideration of Documents - The Caste Scrutiny Committee rejected the petitioner's caste claim solely on the ground of absence of pre-constitutional documents, ignoring the brother's caste certificate, father's service book entry, and affidavits of senior citizens - Held that the Committee must consider all relevant evidence and not mechanically reject claims for lack of pre-constitutional documents (Paras 5-7).
Issue of Consideration
Whether the Caste Scrutiny Committee's rejection of the petitioner's caste claim as 'Beda Jangam' (Scheduled Caste) was valid when it failed to consider the brother's caste certificate, father's service book entry, and other supporting documents
Final Decision
The impugned order dated 10.10.2019 passed by Respondent No.2 is quashed and set aside. The matter is remitted back to Respondent No.2 for reconsideration afresh, taking into consideration the brother's caste certificate, father's service book entry, and all other relevant documents. The Committee shall pass a reasoned order within eight weeks from the date of receipt of the order.
Law Points
- Caste Scrutiny Committee must consider all relevant documents including brother's caste certificate
- father's service book entry
- and affidavits of senior citizens
- rejection solely for lack of pre-constitutional documents is unsustainable
