Case Note & Summary
The petitioner, Prakash Shrawan Deore, was employed as a semiskilled worker against a seat reserved for Scheduled Tribes (ST) and his caste claim as Thakur was referred to the Scrutiny Committee. The Committee, after due enquiry including vigilance cell investigation, invalidated his claim by order dated 9th January 2013. Aggrieved, the petitioner approached the Bombay High Court. The petitioner's counsel argued that the petitioner's real paternal uncle, Pitambar Dhondu Deore, had been granted a validity certificate by a Division Bench of the same Court in Writ Petition No. 4813 of 1998 dated 11th September 1998. Further, Pitambar's son Rajesh had also been granted validity by the Committee on 5th October 1999. Relying on the principle that close blood relatives' validity should be given due weight, the Court found that the Scrutiny Committee had erred in not considering these prior validities. The Court quashed the impugned order and directed the Committee to issue a validity certificate to the petitioner within four weeks. The petition was allowed, and pending civil application was disposed of.
Headnote
A) Caste Certificate - Scheduled Tribe - Thakur - Validity - Prior validity granted to paternal uncle and cousin - The petitioner's claim as Thakur (ST) was invalidated by the Scrutiny Committee. The Court held that the Committee ought to have given due weight to the validity granted to the petitioner's real paternal uncle and his son, as they are close blood relatives. The impugned order was quashed and set aside, and the Committee was directed to issue a validity certificate to the petitioner. (Paras 1-6)
Issue of Consideration
Whether the Scrutiny Committee was justified in invalidating the petitioner's Thakur (ST) caste claim when his paternal uncle and cousin had already been granted validity certificates.
Final Decision
The impugned order dated 9th January 2013 is quashed and set aside. The Scrutiny Committee is directed to issue a validity certificate to the petitioner within four weeks. The writ petition is allowed. Pending civil application is disposed of.
Law Points
- Caste claim validity
- binding nature of prior validity granted to close blood relatives
- Scheduled Tribe certificate
- Thakur caste
Case Details
2019 LawText (BOM) (02) 16
Writ Petition No. 2363 of 2013 with Civil Application No. 196 of 2019
B. R. Gavai, N. J. Jamadar
Mr. Mahesh Deshmukh (for Petitioner), Mr. Y. S. Khochare (AGP for Respondent no.1), Ms. A. R. S. Baxi (for Respondent no.2)
Prakash s/o Shrawan Deore
Scheduled Tribe Certificate Scrutiny Committee, Nashik & Anr.
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Nature of Litigation
Writ petition challenging the order of the Scrutiny Committee invalidating the petitioner's Scheduled Tribe (Thakur) certificate.
Remedy Sought
Petitioner sought quashing of the impugned order dated 9th January 2013 and direction to issue a validity certificate.
Filing Reason
The Scrutiny Committee invalidated the petitioner's claim of belonging to Thakur (ST) caste despite prior validity granted to his paternal uncle and cousin.
Previous Decisions
The petitioner's real paternal uncle Pitambar Dhondu Deore was granted validity by a Division Bench of this Court in Writ Petition No. 4813 of 1998 dated 11th September 1998. Pitambar's son Rajesh was granted validity by the Committee on 5th October 1999.
Issues
Whether the Scrutiny Committee erred in invalidating the petitioner's caste claim when his paternal uncle and cousin had already been granted validity certificates.
Submissions/Arguments
Petitioner's counsel submitted that the real paternal uncle's validity was upheld by this Court and the cousin also received validity, thus the Committee should have given due weight to these prior validities.
Ratio Decidendi
The Scrutiny Committee must give due weight to validity certificates granted to close blood relatives of the claimant, such as paternal uncle and cousin, when considering the caste claim.
Judgment Excerpts
The Petitioner has approached this Court being aggrieved by the order passed by Respondent no.1 – Scrutiny Committee, dated 9th January, 2013, thereby invalidating the claim of the Petitioner as belonging to the caste of Thakur – Scheduled Tribe (ST).
Mr. Deshmukh submits that the claim of the real brother of the Petitioner's father, namely Pitambar, has been held to be valid by the judgment and order of the Division Bench of this Court in the case of Pitambar Dhondu Deore vs. The State of Maharashtra & ors in Writ Petition No.4813 of 1998 dated 11th September, 1998.
In the result, the petition is allowed. The impugned order dated 9th January, 2013 is quashed and set aside. The Respondent no.1 – Scrutiny Committee is directed to issue a validity certificate to the Petitioner within a period of four weeks from today.
Procedural History
The petitioner's caste claim was referred by his employer (Respondent no.2) to the Scrutiny Committee (Respondent no.1). After vigilance enquiry, the Committee invalidated the claim on 9th January 2013. The petitioner then filed the present writ petition on an unspecified date. The petition was heard and decided on 22nd February 2019.
