VISHAL Vs. SCHEDULE TRIBE CERTIFICATE SCRUTINY COMMITTEE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

(2.) By the present petition under Article 226 of the Constitution of India, the Petitioner has prayed for quashing and setting aside of the Judgment/Order dtd. 4/10/2023 passed by Respondent No. 1 i.e. Caste Scrutiny Committee thereby invalidating the caste claim of the petitioner being 'Tokre Koli' Scheduled Tribe and issuance of directions against Respondent No. 1 to declare his caste being 'Tokre Koli' Scheduled Tribe and to issue Caste validity certificate in his favour.

(3.) Brief facts are that the Petitioner belongS to 'Tokre Koli' Scheduled Tribe. On 15/9/2022, the Sub-Divisional Officer, Faizapur, Dist. Jalgaon issued a 'Tokre Koli' Scheduled Tribe, Caste Certificate. In the year 2019, the Superintendent of Police, Jalgaon conducted recruitment process for the post of Constable. In pursuance of said advertisement, he submitted his candidature. After completion of selection process, he was appointed as Police Constable (Group-2) vide appointment order dtd. 24/2/2022 against the reserved Scheduled Tribe category and he is still working on the said post. On 16. 09.2022, his Employer i.e. Respondent no. 2 forwarded proposal of his caste claim for scrutiny to Respondent No.1. He produced all documentary evidence in support of his caste claim. Respondent No.1 had called Vigilance Report, which has was submitted on 8/12/2022. The vigilance cell report was duly communicated to the Petitioner with show cause notice dtd. 12/12/2022 with directions to remain present before the Scrutiny Committee on 29/12/2022 along with explanation, but due to some technical problem, hearing was adjourned till 5/1/2023, on 5/1/2023 time was sought to file reply. On 19/1/2023, a detailed reply to the Vigilance Cell report was filed, but hearing was postponed on various dates due to technical reasons. On 10/8/2023, he along with his counsel appeared before the Respondent No.1 and had sought time to file reply on documents given to him during the course of hearing and matter was postponed on 28/8/2023, but again hearing was adjourned to 31/8/2023). Lastly, on 13/9/2023, his counsel sought adjournment, but it was rejected and matter was closed for orders. On 4/10/2023, the Respondent No.1 - Scrutiny Committee passed the impugned order thereby invalidating his Scheduled Tribe caste claim on the ground that the Petitioner failed to produce corroborative documents to prove affinity test and no validity certificate of his blood relatives were produced to support to his caste claim.