NETAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both the sides and the matter is taken for final disposal at the admission stage, considering the urgency.

(2.) The petitioners are challenging common judgment and order dtd. 4/7/2023 passed by the Scrutiny Committee, invalidating caste claim and confiscating tribe certificate of scheduled tribe Rajgond in a proceeding under Sec. 6 of the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 ('Maharashtra Act No.23 of 2001'). The petitioners are relying upon validity certificate of Vijay Maroti Choudhari, vigilance report, reply to the report, genealogy, order passed by the High Court in Writ Petition No.10388/2017 and the affidavits. According to the petitioners, the Scrutiny Committee ought to have granted validity certificate in view of validity given to their blood relatives of paternal side Vijay.

(3.) The learned Counsel for the petitioners would rely upon the judgment in Writ Petition No.10388/2017 in the matter of Ashish Bhagwan Choudhari Vs. State of Maharashtra and Others, to buttress that 'telang' is not a caste but a surname and the Scrutiny Committee illegally treated the entries of 'telang' as contrary. The propositions stated in paragraph no.6 of that judgment cannot be doubted. The findings recorded by the Scrutiny Committee in respect of the entry of 'Telang' may not be correct in view of ratio of the judgment. But that itself may not take the matter further to held that the impugned order is perverse and unsustainable. He would further rely upon the entries in the school record of the petitioners showing Hindu Rajgond as caste. He would submit that the Scrutiny Committee committed patent illegality and perversity in rejecting the caste claim.