MOHAN BABLI RANSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition the Petitioner has challenged order dated 23 December 2008 passed by Respondent No.2-Caste Scrutiny Committee, whereby the caste validity certificate dated 19 September 1983 issued to the Petitioner was declared to be invalid and the claim of the Petitioner as belonging to "Thakar-Schedule Tribe" was dismissed. By order dated 3 April 2003 in Writ Petition No.4005 of 1996 filed by the present Petitioner, the Division Bench of this Court considering the then existing provisions of law and the facts including Affidavit dated 10 March 2003, whereby it was averred and not controverted by anyone that the concerned Caste Scrutiny Committee had validated the caste claim of the Petitioner's son, nephew and niece as belong to Thakar-Schedule Tribe and set aside the order dated 7 December 1995 and directed the Caste Scrutiny Committee to reconsider the case of the Petitioner.

(2.) We have noted that those findings in favour of the Petitioner's paternal side relatives are supported by evidence and material on record and remained unchallenged. There is no case of alleged fraud or misrepresentation made and/or proved against the Petitioner. There was no reason not to consider the case of the Petitioner based upon the Caste Scrutiny Committee validated certificates issued to the Petitioner's son, nephew and niece. Such Caste Scrutiny Committee's decisions bind all other and specifically so far as the parental relatives, who are claiming the similar caste certificate.

(3.) We have gone through the reasonings given by the learned Caste Scrutiny Committee Members. In spite of the above facts, the rejection of the caste claim of the Petitioner is contrary to law and the record. There is no justification and/or reasons given by the Caste Scrutiny Committee. The learned AGP is also unable to point out any contra material based upon the Affidavit placed on record on behalf of Respondent No.2, except stating that there was material suppression of facts. Para 5 of the Affidavit is relevant, which reads as under: