SK. HAMID SK. HANIF,AGED ABOUT 43 YEARS, RESIDENT OF GAWLIPURA, CHANDNI CHOWK, AMRAVATI, TQ. AND DISTRICT AMRAVATI Vs. DIVISIONAL CASTE SCRUTINY COMMITTEE NO.1, AMRAVATI DIVISION, AMRAVATI THROUGH ITS MEMBER

JUDGEMENT

(1.) By this petition filed under Articles 226 and 227 of the Constitution of India, petitioner questions the order dated 21.10.2016 passed by the Caste Scrutiny Committee, invalidating the caste certificate dated 20.01.2012, and rejecting his claim towards Lohar "V.J. (B)". When hearing of this matter was going on, Writ Petition Nos. 538 and 2009 of 2016 also expedited by the Honourable Supreme Court, came to our notice and were required to be heard. Contentions raised therein also had bearing on findings to be recorded here and hence, we thought it proper to have the benefit of hearing another Senior Advocate and other team of Advocates before proceedings to deliver this judgment. We mention that our findings on scheme of Rule 17 of 2012 Rules below are mostly due to assistance we got in all these matters. Hearing in Writ Petition No. 538/ 2016 commenced on 30.1.2017 and it has been closed for judgment on 10.02.2017.

(2.) Petitioner was earlier given validity by the Scrutiny Committee on 20.01.2012 vide Certificate No. 1886. Respondent no.2 in the present matter sought cancellation of that validity, but, respondent no.1 Committee rejected that application on 26.08.2013. It held that it had no power to review the order granting caste validity. Respondent no.2 then approached this Court in Writ Petition No. 4796/2013 against that order. On 08.04.2015, this Court by a speaking order restored the application moved by respondent no.2 back to the file of respondent no.1. The Committee was directed to extend opportunity of hearing to present petitioner, as also complainant/respondent no.2, and to decide the controversy as per Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, (Act No. 23 of 2001) (hereinafter referred to as "the Act of 2001" for short). Petitioner approached the Honourable Supreme Court in Special Leave Petition No. 15211/2015. The Honourable Supreme Court on 05.08.2016, quashed and set aside the validity given to petitioner as also order of Scrutiny Committee dated 26.08.2013, and directed respondent no.1 Committee to take decision on petitioners caste claim within a period of 6 weeks. The Committee thereafter has proceeded further to complete the verification and impugned order came to be passed on 21.10.2016.

(3.) The Honourable Supreme Court had protected tenure of the petitioner as an elected Corporator during the pendency of the fresh proceedings before the Scrutiny Committee. In this Writ Petition that protection was again continued. These developments and subsequent events up to closure of matter for delivery of judgment appear in our order dated 002.2017,passed in this petition. We find it appropriate to reproduce the same here.