2019 NearLaw (BombayHC Nagpur) Online 1744
Bombay High Court

JUSTICE R. K. DESHPANDE JUSTICE VINAY JOSHI

Aman Rajesh Reddy Vs. District Caste Certificate Scrutiny Committee, Akola, & Anr.

WRIT PETITION NO. 4939 OF 2019

17th July 2019

Petitioner Counsel: Mr. R. D. Karode
Respondent Counsel: Mr. N. S. Rao
Act Name:

The challenge in this petition is to the order dated 22/04/2019 passed by the District Caste Certificate Scrutiny Committee, Akola invalidating the claim of the petitioner for 'Telangi' Nomadic Tribe (C).
Out of three members of the Committee two members have invalidated the claim of the petitioner solely on the ground that the petitioner has failed to produce any document to show his residence in the State of Maharashtra prior to 13/10/1967 when this tribe was included in the list of Nomadic Tribe.
The first is of 18/06/1932, the second is of 22/12/1932 and the third is of 04/07/1938 indicating that the grandfather of the petitioner studied in the Municipal School at Akola.
In view of this, two members of the Committee fell into error in holding that the petitioner failed to produce the documents justifying his residence in State of Maharashtra prior to 13/10/1967.
On merits the documents prior to 1967 produced on record clearly indicates that the relatives of the petitioner belonging to 'Telangi' which is a nomadic tribe ('C' Category).
We, therefore, hold that the petitioner has established, on the basis of documents, his claim for 'Telangi' Nomadic tribe ('C' Category).
It is not the findings recorded on the basis of affinity test that the petitioner has failed to establish his claim for Nomadic Tribe ('C' Category).
1] The order dated 22/04/2019 passed by the District Caste Certificate Scrutiny Committee, Akola invalidating the claim of the petitioner for Telangi Nomadic Tribe (C) is hereby quashed and set aside.
2] It is declared that the petitioner has established his claim for 'Telangi' which is recognized as Nomadic Tribe (C) in the State of Maharashtra and the Committee is accordingly directed to forthwith issue caste validity certificate in the name of the petitioner.
No order as to costs.
5] Steno copy of operative order be supplied to the parties to act upon.

Section :

Cases Cited :

JUDGEMENT

R. K. DESHPANDE J.

Rule. Rule made returnable forthwith.

2. Heard finally by consent of the learned counsels appearing for the parties.

3. The challenge in this petition is to the order dated 22/04/2019 passed by the District Caste Certificate Scrutiny Committee, Akola invalidating the claim of the petitioner for 'Telangi' Nomadic Tribe (C). Out of three members of the Committee two members have invalidated the claim of the petitioner solely on the ground that the petitioner has failed to produce any document to show his residence in the State of Maharashtra prior to 13/10/1967 when this tribe was included in the list of Nomadic Tribe. The third member of the Committee who is the Chairman has adverted to three documents on record. The first is of 18/06/1932, the second is of 22/12/1932 and the third is of 04/07/1938 indicating that the grandfather of the petitioner studied in the Municipal School at Akola. In view of this, two members of the Committee fell into error in holding that the petitioner failed to produce the documents justifying his residence in State of Maharashtra prior to 13/10/1967.

4. On merits the documents prior to 1967 produced on record clearly indicates that the relatives of the petitioner belonging to 'Telangi' which is a nomadic tribe ('C' Category). We, therefore, hold that the petitioner has established, on the basis of documents, his claim for 'Telangi' Nomadic tribe ('C' Category). It is not the findings recorded on the basis of affinity test that the petitioner has failed to establish his claim for Nomadic Tribe ('C' Category). In view of above, this writ petition is allowed and the following order is passed:

ORDER
1] The order dated 22/04/2019 passed by the District Caste Certificate Scrutiny Committee, Akola invalidating the claim of the petitioner for Telangi Nomadic Tribe (C) is hereby quashed and set aside.
2] It is declared that the petitioner has established his claim for 'Telangi' which is recognized as Nomadic Tribe (C) in the State of Maharashtra and the Committee is accordingly directed to forthwith issue caste validity certificate in the name of the petitioner.
3] The claim of the petitioner can be judged for admission as a candidate belonging to Nomadic Tribe (C category).
4] Rule is made absolute. No order as to costs.
5] Steno copy of operative order be supplied to the parties to act upon.