RAJKUMAR DEEPCHAND MULCHANDANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of Shri Bhangde, learned Senior Counsel for the petitioners, Mrs. Bodade, learned Assistant Government Pleader for the respondent nos. 1 and 3, Mrs. Jog and Shri Nasre, learned Counsel for the respondent no.2, Shri Khapre, learned Counsel for the respondent no.4, and Shri Thombre, learned Counsel for the respondent no.5. Since cause of action involved in both the petitions is identical, they are heard together and disposed of by this common judgment.

(2.) The petitions are directed against the orders dated 18.2.2008 and 9.5.2008 passed by the Caste Scrutiny Committee as well as consequential orders dated 21.5.2008 passed by the Commissioner, Municipal Corporation, Akola.

(3.) Shri Bhangde, learned Senior Counsel for the petitioners, states that the impugned orders dated 9.5.2008 are passed by the Caste Scrutiny Committee mainly on the basis of report dated 26.4.2007 submitted by the Tahsildar that the caste certificates of the petitioners, which were forwarded for verification by the Caste Scrutiny Committee, were not issued from the office of Tahsildar. The Caste Scrutiny committee refused to verify caste claims of the petitioners in view of Government Resolution dated 1.1.2001 as well as in view of the fact that the caste certificates were not genuine since they were not issued from the Office of the concerned Tahsildar. It is contended that the petitioners submitted applications dated 10.12.2007 before the Caste Scrutiny Committee seeking permission to cross-examine Tahsildar in order to rebut the said conclusion as well as to extract truth. It is further contended that Section 9 of the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 stipulates that Caste Scrutiny Committee while holding enquiry under the said Act has all the powers of the Civil Court while trying a suit and in particular in respect of matters, which are as follows :