DEVRAM LAXMAN BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) The Petitioner, a third party, has challenged the orders passed by the Caste Scrutiny Committee (for short "the Committee"), validating the caste of Respondent No.4, original claimant as "East Indian Christian". Both had contested the General Body Election of Thane Municipal Corporation. The Petitioner lost the election. The Petitioner's objection about the caste certificate was rejected, therefore this Writ Petition.

(3.) Respondent No.4 born in Christian family and baptisted accordingly, so also his father, uncles and forefathers. His family's place of residence is at Majiwade, Thane. His school leaving certificate is of 1987. On 1 March 2006, in view of recommendation of State Backward Commission, the caste "East Indian Christian" was included in the list of OBC as per the GR of State of Maharashtra. From 2009 onwards, a procedure prescribed by the Chancellor of Archdiocese of Bombay to grant permission to enter the caste in Baptism Certificate. On 19 April 2011, the Baptism Certificate of Respondent No.4 with remark as "East Indian Christian" issued by the Chancellor. On 12 May 2011, an affidavit alongwith documents for caste certificate was filed. On 30 May 2011, the Caste Certificate issued by Sub Divisional Officer (SDO), Thane. On 5 September 2011, an application was made for verification of Caste Certificate. On 5 December 2011, an Application was filed for adding the caste of Respondent No.4 in the School Leaving Certificate. The School Leaving Certificate dated 7 December 2011 was issued with remark "East Indian Christian", so also the Junior College Leaving Certificate. The Scrutiny Committee called for a report. The Vigilance Cell, verified the documents with original, visited area, considered the material for affinity and after complying with all the formalities, submitted its report on 6 December 2011 to the Committee certifying that Respondent No.4 is "East Indian Christian".