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Shashikant Bhaidas Shirsat v. State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Bombay HC12 Mar 2012WP/1275/2012

Case brief

AI extract

What is this about?

The High Court set aside the Caste Scrutiny Committee's order non-suiting the petitioner for using a caste certificate from another area. The matter was remanded for reconsideration in accordance with Rule 5(2) of the statutory Rules of 2003.

What did the court decide?

The impugned order of the Caste Scrutiny Committee was set aside, and the petitioner was remanded for reconsideration of their caste claim.

Shashikant Bhaidas Shirsat Vs State of… — Pension and Retirement Benefits | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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WRIT PETITION NO.1275 OF 2012

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Shashikant Bhaidas Shirsath

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... Petitioner

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Vs.

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State of Maharashtra & Ors. .... Respondents

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Mr.R.K. Mendadkar for the Petitioner Mr.C.R. Sonawane, AGP, for the Respondents

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CORAM: A.M. KHANWILKAR & N.M. JAMDAR, JJ.

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DATED: MARCH 12, 2012

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P.C.:

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1. Heard Counsel for the parties.

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2. Rule. Rule made returnable forthwith, by consent. Mr.Sonawane, AGP, waives notice for the respondents.

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The Caste Scrutiny Committee has non-suited the petitioner on the sole ground that the caste certificate obtained by the petitioner in support of his caste claim was issued by an authority other than the authority of the area from where the Scheduled Tribe originated. The Caste Scrutiny Committee,

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however, has not adverted to Rule 5(2) of the statutory Rules of 2003.

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This Court had an occasion to consider this identical question in the case of Kiran Shahaji Gaikwad vs. State of Maharashtra & Ors., Writ Petition No.1772 of 2012 decided on March 1, 2012. For the same reason, the opinion of the Caste Scrutiny Committee which is impugned in this petition cannot be sustained. The same deserves to be set aside. Instead the petitioner is relegated before the Caste Scrutiny Committee for reconsideration of the question regarding the caste claim of the petitioner on the basis of the caste certificate dated 24.12.1991 issued by the Sub-Divisional Magistrate, Nashik City Division, exhibit B at page 20. All questions on merits will have to be decided in accordance with law. The Caste Scrutiny Committee shall proceed with the matter from the stage of hearing of the application for issuance of caste validity certificate, as we are informed that the vigilance cell report has already been taken on record during the earlier enquiry.

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We hope and trust that the Caste Scrutiny Committee

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would decide the caste claim of the petitioner expeditiously and in any case not later than 30.6.2012 as the petitioner is in employment on the basis of the said caste certificate against a reserved post.

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Writ Petition is disposed off accordingly.

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(N.M. JAMDAR, J.)

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(A.M. KHANWILKAR,J.)

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Shashikant Bhaidas Shirsat v. State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

Shashikant Bhaidas Shirsat 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

Cases cited

Statutes considered

Parties & counsel

Coram

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