APURVA ASHOK GOKHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has sought to challenge an order of the Divisional Caste Certificate Scrutiny Committee dated 10 July 2012 by which the caste certificate issued to the Petitioner has been invalidated. The Petitioner was initially granted a caste certificate in a format prescribed for migrants which was referred to a Divisional Caste Certificate Scrutiny Committee for verification. The Scrutiny Committee returned the caste certificate by a communication dated 14 September 2007. In a petition filed before this Court Writ Petition 2166 of 2008. liberty was granted to the Petitioner to approach the Executive Magistrate afresh for the grant of a caste certificate. The Petitioner thereupon approached the Additional District Deputy Collector, Andheri on 17 July 2008 and the competent authority granted a caste certificate in the prescribed form to the Petitioner on 27 October 2008. The caste certificate was forwarded to the Divisional Caste Certificate Scrutiny Committee for verification. The Police Inspector attached to the vigilance cell submitted an enquiry report stating that the Petitioner and her family had migrated to the State of Maharashtra in 1972. An order was passed by the Scrutiny Committee on 19 May 2011 invalidating the caste certificate. The order of the Scrutiny Committee was challenged in writ proceedings before this Court.

(2.) The view which has been taken by the Scrutiny Committee is consistent with the principles of law enunciated in the judgment of the Constitution bench of the Supreme Court in Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College, 1990 3 SCC 130.

(3.) In a subsequent judgment of a Constitution Bench of the Supreme Court in Action Committee on issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra v. Union of India, 1994 5 SCC 244, while reiterating the same principle it was held as follows :