Dismissed

Ku. Khushbu D/O Rajesh Sharma v. Caste Certificate Verification Committee Thr. Its Member/Secty., and Ors.

Bombay HC28 Aug 2012WP/2409/2011

Case brief

AI extract

What is this about?

This petition challenged an order invalidating the petitioner's Nahvi OBC caste claim. The High Court held that the Committee was justified in relying on school, college, and admission documents showing the petitioner belonged to Marwadi or Nai Brahman castes, rendering an affinity test unnecessary and finding no ground for interference.

What did the court decide?

Writ petition failed and is dismissed with no order as to costs.

Ku. Khushbu D/O Rajesh Sharma Vs Caste… — Pension and Retirement Benefits | Bombay HC (2012)

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28wp2409.11.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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NAGPUR BENCH, NAGPUR

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WRIT PETITION NO. 2409 OF 2011

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PETITIONER :- Ku. Khushbu d/o Rajesh Sharma,

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aged 23 years, Occ.: Student, r/o M.G. Road, Near Sai Mandir, Wardha.

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...VERSUS...

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RESPONDENTS :- 1. Caste Certificate Verification

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Committee, through its Member/Secretary, Nagpur Division, Nagpur.

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Shri Bapurao Deshmukh College of Engineering, through its Principal, Sewagram, District Wardha.

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Rashtra Santa Tukdoji Maharaj Nagpur University, through its Registrar, Nagpur.

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Mr. A.B. Patil Advocate for Petitioner.

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Mrs. Deshpande, AGP, for Respondent no. 1.

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Mr. A.C. Dharmadhikari Advocate for Respondent no.7.

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Mr.S.M. Puranik Advocate for Intervenor.

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CORAM : Smt. Vasanti A. Naik & Sunil P. Deshmukh,JJ. DATED : 28.08.2012

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COURT'S ORDER :

By this petition, the petitioner impugnes the order passed by the Caste Certificate Verification Committee on 7.5.2011 invalidating the caste claim of the petitioner of belonging to caste Nahvi- an Other Backward Class. The petitioner has mainly challenged the impugned order on the ground that it was incumbent on the part of the Committee to have conducted an affinity test. According to the petitioner, though some of the documents showed that the petitioner did not belong to Nahvi caste, it was necessary for the Committee to have conducted an affinity test.

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Mrs.Deshpande, learned AGP appearing on behalf of the Committee, submitted that the Rules prescribe for holding of affinity test while considering the caste claim of the persons claiming to belong to Scheduled Tribe. An affinity test, according to learned AGP, is not required when the claim of the candidate of belonging to Other Backward Class is being considered. Even otherwise, according to the learned AGP, the impugned order is just and proper inasmuch as the documents secured by the Police Vigilance Cell clearly show that the claim of the petitioner of belonging to Nahvi caste is false.

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On a perusal of the impugned order dated 7.5.2011 it appears that the Committee was justified in rejecting the claim of the petitioner of belonging to Nahvi caste. Though the petitioner had produced the school leaving certificate and college leaving certificate, the

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Committee found that in the caste column of the school leaving certificate of the father of the petitioner by name Rajesh Sharma, the words “Marwadi (Raj)” were recorded. Similarly in the Sale-deed executed by the great grand father of the petitioner, the caste was recorded as “Nai Brahman”. The Vigilance Cell found that in the caste column of the admission register in the case of the petitioner the words “Hindu Marwadi Nhavi” were recorded. Since the old documents clearly showed that the petitioner did not belong to Nhavi caste, the Committee on the basis of the Vigilance Report and the said documents, held that the petitioner was not entitled to the grant of caste validity certificate. There is no reason to interfere with the findings recorded by the Committee in the impugned order dated 7.5.2011. When almost all the documents clearly disproved the case of the petitioner, the question of holding the affinity test loses its significance. Since the findings recorded by the Committee are based on a proper appreciation of the documents on record and the vigilance report, they call for no interference in exercise of writ jurisdiction.

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In the result, the writ petition fails and is dismissed with no order as to costs.

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 JUDGE

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 JUDGE

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/TA/

Ku. Khushbu D/O Rajesh Sharma v. Caste Certificate Verification Committee Thr. Its Member/Secty., and Ors.

Case brief

What is this about?

What did the court decide?

Ku. Khushbu D/O Rajesh Sharma v. Caste Certificate Verification Committee Thr. Its Member/Secty., and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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