Dismissed

Shri. Sunil Shripat Chavan v. State of Maharashtra through Secretary, Tribal Development Dept and Ors.

Bombay HC19 Dec 2011WP/8051/2011

Case brief

AI extract

What is this about?

Writ petition challenging a scrutiny order denying OBC status dismissed due to petitioner's fraud. False affidavit filed by petitioner bars extraordinary jurisdiction. However, future applications by petitioner's children may be processed based on genuine material without prejudice.

What did the court decide?

Petition dismissed due to fraud; open for children of petitioner to apply for caste certificate based on genuine material.

Shri. Sunil Shripat Chavan Vs State of… — Pension and Retirement Benefits | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE CIVIL JURISDICTION

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WRIT PETITION NO. 8051 OF 2011

Sunil Shripat Chavan

....Petitioner.

Vs.

State of Maharashtra Through- Secretary, Tribal Development Department & Ors.

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...Respondents.

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Mr. D.B. Sawant for the Petitioner. Mr. C.R. Sonawane, AGP for Respondent Nos. 1 and 2. Mr. R.A. Malandkar for Respondent No.3. Mr. R.K. Mandadkar for Respondent No. 4.

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CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 19 DECEMBER, 2011.

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P.C. :-

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This is a Petition filed under Article 226 of the Constitution of India challenging an order passed by the Scrutiny Committee holding that the claim of the Petitioner that he belongs to the Other Backward Class (Hindu Bhandari) is not valid. The decision is by majority of the members of the Scrutiny Committee. We, however, are not inclined to entertain this Petition without going into the merits of the claim because admittedly the Petitioner has filed a false affidavit before the

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Scrutiny Committee giving a false genealogy. One Pandit Ganpat was holding a caste validity certificate certifying that he belongs to Hindu Bhandari caste. In order to take advantage of that certificate, the Petitioner on oath admittedly submitted a false genealogy to show that, that person by name Pandit Ganpat is his ancestor. On the basis of that affidavit, he secured a validity certificate which was challenged before this Court in Writ Petition No. 1892 of 2010. That validity certificate was set aside. The matter was remitted back but considering that the Scrutiny Committee at Ratnagiri was acting inappropriately, another Scrutiny Committee being the Scrutiny Committee at Chembur, Mumbai was directed to consider the case.

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2 In our opinion, considering that the Petitioner went to the extent of filing false affidavit and producing false documents, it will not be appropriate to entertain the Petition filed by such a litigant in the extra ordinary jurisdiction of this Court.

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3 The Petition is therefore, rejected. There shall be no order as to

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costs.

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4 However, it is directed that in case the children of the Petitioner

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make an application for either caste certificate certifying that they belong to Hindu Bhandari by caste and they apply for verification of that caste certificate, it will be done on the basis of the material produced by them without being influenced by the order which is impugned in this Petition.

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(ANOOP V. MOHTA, J.)

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(D.K.DESHMUKH, J.)

Shri. Sunil Shripat Chavan v. State of Maharashtra through Secretary, Tribal Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Sunil Shripat Chavan v. State of Maharashtra through Secretary, Tribal Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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