AKSHAY SANTOSH GANDHI Vs. STATE OF MAHARASHTRA THROUGH

JUDGEMENT

(1.) The present writ petition is filed by the petitioner praying issuance of writ in the nature of certiorari for quashing and setting aside the impugned order dated 28th March, 2014 passed by the two Members of the Scheduled Tribe Certificate Scrutiny Committee, Solapur Division, Solapur ("the Committee" for short) with a further direction to issue caste validity certificate in respect of caste certificate dated 5th July, 2012 issued to the petitioner by respondent No.4 as belonging to the caste "Gujjar" (O.B.C.). Pending hearing and disposal of the petition, the petitioner has also prayed for issuance of directions to Respondent No. 3 and 5 not to cancel the admission of the petitioner and continue him to pursue education.

(2.) The petitioner claims that he belongs to Gujjar Caste which is recognized as OBC in the State of Maharashtra. According to the petitioner, the school record of his father, uncle, grandfather and other relatives from paternal side duly reflect the caste as "Gujjar". According to the petitioner, based on the said documents, the Special Social Officer Madha, Kurduwadi, District Sholapur issued him a caste certificate as belonging to caste Gujjar (OBC 326) on 5th July, 2012. The said certificate was forwarded for verification to Respondent No.3 Committee and the petitioner participated in the enquiry for its verification and produced voluminous evidence in support of his caste claim. The Committee obtained Vigilance report and also conducted a detailed school/home enquiry. A home and school enquiry report was received by the Committee on 10th December, 2013 and since the Committee was unable to agree with the findings of the said report, a show cause notice was issued to the petitioner and he was afforded an opportunity of hearing on several dates before the Committee. The Committee took a decision on 28 March, 2014 and there was disagreement between the members of the Committee. The Member Secretary validated the claim whereas the Secretary and the Chairman of the Committee invalidated the same. Since decision of the Committee is the decision of the majority, the claim of the petitioner as belonging to caste "Gujjar" was invalidated by order dated 28th March, 2014.

(3.) We have heard learned Counsel Shri Milind Deshmukh appearing on behalf of the petitioner and also Shri Samant, learned A.G.P. appearing for the respondents.