HARSHAD NARAYAN THAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 25.2.2008 the Scrutiny Committee passed an order rejecting claim of the Petitioner holding that his caste certificate was invalid. Aggrieved by the same, Petitioner filed Writ Petition No. 5833 of 2008 before this Court. On 15.10.2008, a Division Bench of this Court considered the contentions of the Petitioner, particularly the emphasis placed by the Petitioner on the fact that caste validity certificate had been granted in favour of his sister by the Committee earlier on 4.3.2005. It was also noted by this Court that the caste validity certificate had been granted to the Petitioner's sister on merits and that this was a strong proof, supporting claim of the Petitioner. It was also observed by this Court that an anomalous situation would be created where two siblings would be held to be belonging to different tribes or castes. In this situation, by order dated 15.10.2008, a Division Bench of this Court set aside order of the Scrutiny Committee and remanded the matter back for consideration.

(2.) Upon remand, it was expected that the Scrutiny Committee would take into account the observations of Division Bench of this Court while deciding the claim of the Petitioner. The Petitioner not only placed the validity certificate dated 4.3.2005 granted in favour of his sister, but he also placed other documents in support of his case, including document dated 2.1.1915 pertaining to his grand-father, which mentions his caste as Thakar. Yet the Scrutiny Committee passed its order dated 31.12.2008 holding that claim of the Petitioner as belonging to Scheduled Tribe - Thakar, was invalid and consequently it cancelled and confiscated the caste certificate dated 8.1.2001 issued in favour of the Petitioner. While dealing with the validity certificate dated 4.3.2005 issued in favour of the sister of the Petitioner, the Scrutiny Committee observed that each case was to be decided on its own merits. The said order dated 31.12.2008 passed by the Scrutiny Committee is the subject-matter of challenge in this writ petition.

(3.) The Petitioner herein is aggrieved by order of Respondent No. 2 - The Committee for Scrutiny and verification (for short "the Scrutiny Committee") dated 31.12.2008 whereby even after remand by this Court, the Scrutiny Committee has again held that the caste certificate of the Petitioner as belonging to the Scheduled Tribe is invalid. The Petitioner claims that the validity certificate already granted in favour of his sister, which has attained finality, has not been taken into account in proper perspective by the Scrutiny Committee while passing the impugned order dated 31.12.2008.