Case Note & Summary
The petitioner, Kumari Gote Rutuja Sunil, a student, filed a writ petition challenging the order dated 31.12.2013 passed by the Caste Scrutiny Committee, Solapur, which invalidated her caste certificate claiming she belonged to 'Lingayat Wani (OBC)'. The committee had found that under the then existing provisions, the petitioner failed to prove her caste. However, during the pendency of the petition, the Government of Maharashtra issued a circular dated 4.9.2014 amending the OBC list to include 'Lingayat Wani' at serial no.190, entitling holders to all OBC benefits. The petitioner's counsel placed this circular on record. The court, comprising Justices Anoop V. Mohta and F.M. Reis, held that the circular goes to the root of the matter and supports the petitioner's claim. Consequently, the court quashed and set aside the impugned order and remanded the matter back to the Caste Scrutiny Committee for reconsideration in light of the circular. The court further directed that the petitioner's admission, which was based on the caste certificate 'Wani' since 2012, be protected until the final decision by the committee and for four weeks thereafter if the order is adverse. The writ petition was allowed with no order as to costs.
Headnote
A) Caste Certificate - OBC Classification - Government Circular - The petitioner challenged the Caste Scrutiny Committee's order invalidating her caste certificate as 'Lingayat Wani (OBC)'. The court quashed the order and remanded the matter for reconsideration based on a Government Circular dated 4.9.2014 which introduced 'Lingayat Wani' at serial no.190 in the OBC list. Held that the circular supports the petitioner's claim and the committee must reconsider the case in accordance with law (Paras 2-4).
Issue of Consideration
Whether the Caste Scrutiny Committee's order invalidating the petitioner's caste certificate as 'Lingayat Wani (OBC)' should be set aside in light of a subsequent government circular adding 'Lingayat Wani' to the OBC list.
Final Decision
The writ petition is allowed. The impugned order dated 31.12.2013 passed by the Caste Scrutiny Committee is quashed and set aside. The matter is remanded back for reconsideration based upon the Government Circular dated 4.9.2014 referring to Lingayat Wani at serial no.190. The respondents to consider the case of the petitioner in accordance with law by giving opportunity to all concerned. The petitioner's admission based upon the caste certificate is protected till final decision by the Scrutiny Committee and four weeks thereafter, if order is adverse to the petitioner. No costs.
Law Points
- Caste Scrutiny Committee must consider subsequent government circulars
- Remand for reconsideration based on new government notification
- Protection of admission pending final scrutiny decision
Case Details
2014 LawText (BOM) (09) 46
WRIT PETITION NO.7849 OF 2014
ANOOP V. MOHTA, F.M. REIS
Mr. J.G. Aradwad for the Petitioner, Smt. S.S. Bhende, AGP for Respondent Nos.1 to 3
State of Maharashtra through Social Justice Department, The Member Secretary, Schedule Tribe, Vimukta Jati, Nomadic Tribe Other Backward Class & Special Backward Class Committee No.1, Solapur, Sub Divisional Officer, Mhada Division, Kurduwadi, Dist. Solapur, The Principal, N.B. Navle Sinhgad College of Engineering, Solapur
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Nature of Litigation
Writ petition challenging the order of the Caste Scrutiny Committee invalidating the petitioner's caste certificate.
Remedy Sought
Quashing of the order dated 31.12.2013 passed by the Caste Scrutiny Committee and direction to reconsider the caste certificate in light of the Government Circular dated 4.9.2014.
Filing Reason
The Caste Scrutiny Committee invalidated the petitioner's caste certificate as 'Lingayat Wani (OBC)' on the ground that she failed to prove her caste under the then existing provisions.
Previous Decisions
The Caste Scrutiny Committee passed an order dated 31.12.2013 invalidating the petitioner's caste certificate.
Issues
Whether the impugned order of the Caste Scrutiny Committee should be quashed in view of the subsequent Government Circular adding 'Lingayat Wani' to the OBC list.
Submissions/Arguments
The petitioner's counsel placed on record the Government Circular dated 4.9.2014 whereby 'Lingayat Wani' was introduced at serial no.190 in the OBC list, supporting the petitioner's claim.
Ratio Decidendi
A subsequent government circular adding a caste to the OBC list is a relevant factor that must be considered by the Caste Scrutiny Committee, and the committee's earlier order invalidating the caste certificate based on previous provisions is liable to be quashed and remanded for reconsideration in light of the new circular.
Judgment Excerpts
The Petitioner has challenged the order dated 31.12.2013 passed by the Caste Scrutiny Committee invalidating caste certificate on the ground that as per then existing provisions the Petitioner has failed to prove that she belongs to 'Lingayat Wani (OBC)'.
The learned Counsel appearing for the Petitioner has placed on record the Government Circular dated 4.9.2014 whereby the amendment made to the O.B.C. list in State of Maharashtra and where at serial no.190 'Lingayat Wani' has been introduced as caste for all the benefits as Other Backward Class (OBC) candidate.
The impugned order dated 31.12.2013 passed by the Caste Scrutiny Committee is quashed and set aside. The matter is remanded back for reconsideration based upon the Government Circular dated 4.9.2014 referring to Lingayat Wani at serial no.190 in the list annexed thereto.
Procedural History
The petitioner filed a writ petition in the High Court of Judicature at Bombay challenging the order dated 31.12.2013 of the Caste Scrutiny Committee. The court heard the matter on 17.09.2014 and allowed the petition, quashing the impugned order and remanding the matter for reconsideration.
