Allowed

Gokula Dnyandeo Javir v. Kalavati Digambar Khandare and Ors.

Bombay HC29 Jul 2013WP/4395/2012

Case brief

AI extract

What is this about?

Three writ petitions challenging the validity of caste certificates signed by the Secretary rather than the Caste Scrutiny Committee were disposed of. The Court held such certificates invalid, quashed them, and remanded the matter to the Committee for independent consideration within three months.

What did the court decide?

The Caste Validity Certificates issued by the Secretary were set aside and the matter was remanded to the Caste Scrutiny Committee to reconsider the cases independently within three months.

Gokula Dnyandeo Javir Vs Kalavati… — Constitutional and Fundamental Rights | Bombay HC (2013)

¶1

1/3

¶2

(WP4395.12 & two other Writ Petitions.)

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4395 OF 2012

¶4

Gokula Dynandeo Javir …. Petitioner.

¶5

v/s

¶6

Kalavati Digambar Khandare & Ors …. Respondent.

¶7

ALONGWITH

¶8

WRIT PETITION NO.4400 OF 2012

¶9

Rizwana Suleman Tamboli …. Petitioner.

¶10

V/s

¶11

Sabjapari Arif Makandar @ Sabjapari Arif Fakir and Ors. ….. Respondents.

¶12

ALONGWITH

¶13

WRIT PETITION NO.4859 OF 2012

¶14

Reshma Kasim Khatik ….. Petitioner.

¶15

V/s

¶16

Kavita Kailas Chalekar and Ors. …... Respondents.

¶17

Mr. R.S. Apte, Senior Advocate with Mr. V.S. Deokar, Mr. Milind Deshmukh and Mr. M.B. Jadhav i/b Mr. Anand S. Kulkarni for the Petitioner in Writ Petition Nos. 4395/12, 4400/12 and 4859/12.

¶18

Mr. A.A. Joshi for Respondent No.1 in Writ Petition No.4395 of

¶19

2/3

¶20

(WP4395.12 & two other Writ Petitions.)

¶21

2012 and Writ Petition No.4400 of 2012.

¶22

Mr. P.S. Sarda for Respondent No.1 in Writ Petition No.4859 of 2012.

¶23

Mr. R.K. Bobde for Respondent No.5 in Writ Petition No.4395 of 2012.

¶24

Mr. V.S. Gokhale, AGP for Respondent Nos. 6 to 8 in Writ Petition Nos. 4395 of 2012, 4400 of 2012 and for Respondent Nos. 7 to 9 in Writ Petition No.4859/2012.

¶25

CORAM: V. M. KANADE & K. R. SHRIRAM, JJ.

¶26

DATE: 29^th July, 2013

¶27

P.C.:-

¶28

In all these three Writ Petitions it is inter alia alleged that the Caste Validity Certificate has been signed by the Secretary and not by the Caste Scrutiny Committee. Since this is the common allegation in all these Writ Petitions, in our view, these Writ Petitions can be conveniently disposed of by a common order.

¶29

We have perused the impugned Certificate which has been granted in favour of Respondent No.1. Perusal of the Certificate clearly indicates that it is signed by the Secretary and not by the Caste Scrutiny Committee. It is well settled

¶30

3/3

¶31

(WP4395.12 & two other Writ Petitions.)

¶32

that the Caste Validity Certificate has to be signed by each member of the Committee and reasons have to be assigned before allowing the application and granting Caste Certificate. In the present case, since the Certificate has been issued by the Secretary and not by the Committee, the said Certificate will have to be set aside and the matter will have to be remanded to the Caste Scrutiny Committee.

¶33

All these three Writ Petitions are therefore allowed. The Caste Validity Certificate issued by the Secretary is set aside. The Caste Scrutiny Committee to consider the case of Respondent No.1 in each of these Petitions independently on merits and in accordance with law as expeditiously as possible and, in any case, within a period of three months. Petitioners also be heard in these matters.

¶34

4. Petitions are accordingly disposed of.

¶35

(K.R. SHRIRAM, J.) (V.M. KANADE, J.)

¶36

B.D. Pandit PS.

Gokula Dnyandeo Javir v. Kalavati Digambar Khandare and Ors.

Case brief

What is this about?

What did the court decide?

Gokula Dnyandeo Javir v. Kalavati Digambar Khandare 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

Similar cases

Wamanrao Maruti Sasawade and Anr. Vs the Special Land Acquisition Officer, No. 22, Pune and Ors.

Maharashtra State Electricity Distribution Company Limited, through Superintending Engineer Vs State of Maharashtra, through Dept of Corporation and Textile and Ors.

Mr. Ramnath Kubar Singh and Anr. Vs the State of Maharashtra and Ors.

Times Global Broadcasting Co. Ltd. and Anr. Vs Parshuram Babaram Sawant

Virendra Kailas Deore Vs State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Reshma Kasim Khatik Vs Kavita Kailas Chalekar and Ors.