The High Court held that the writ petition challenging the rejection of a caste certificate claim abated due to the petitioner's death. Consequently, the petition was dismissed, but legal representatives were permitted to independently verify caste claims.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 7017 OF 2017
Devsing Daulatsing Hade
vs.
Chairman, District Caste Certificate Scrutiny Committee, Buldhana and others
..............................................................................................................................................
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
of directions and Registrar's orders
Shri A.P.Kalmegh, Advocate for the petitioner.
Mrs. Mayuri H. Deshmukh, AGP for respondent no.1.
CORAM : R.K. DESHPANDE & MILIND N. JADHAV, JJ. DATED : 05th NOVEMBER, 2019
The petition challenges the order dated
23.10.2017 passed by the District Caste Certificate
Scrutiny Committee, Buldhana, rejecting the claim of the
petitioner for “Rajput Bhamta” (Vimukta Jati-A). The
petitioner was in the employment as Health Assistant in
the services of Zilla Parishad. When the petition was
filed, the petitioner was 57 years of age. However, we
are informed that pending this petition, the petitioner
has expired on 2.10.2018.
The learned counsel for the petitioner seeks an
adjournment on the ground that the legal
representatives of the petitioner would be interested in
2
bringing their names on record to pursue the present
matter. We, however, find that the petition stands
abated and if the legal representatives of the petitioner
wanted to claim the benefits available to “Rajput
Bhamta” (Vimukta Jati-A) then, they will have to get
validity certificates in their names from the Scrutiny
Committee, irrespective of the fact whether the claim of
their father is accepted or rejected. We cannot, therefore,
permit them to proceed further to prosecute this matter,
as according to us, the right to sue does not survive.
We, however, make it clear that neither the order
impugned nor any of the observations made therein
shall come in the way of the legal representatives of the
petitioner, while getting their caste claims verified and
scrutinized through this Scrutiny Committee for issuance
of caste validity certificate. If such claim is made, it will
have to be adjudged on its own merits in accordance
with law, without being influenced by any of the
observations made in the impugned order.
Writ Petition is dismissed, as abated.
JUDGE JUDGE
Ambulkar
Digitally signed by Mukund Mukund Ambulkar Date: Ambulkar 2019.11.08 12:09:21 +0530
2 issues framed by the court
Whether the writ petition filed by the deceased petitioner survives for his legal representatives.
Whether the right to a caste certificate claim survives the death of the petitioner.
Devsing Daulatsing Hade
Chairman, District Caste Certificate Scrutiny Committee, Buldhana
R.K. Deshpande
Milind N. Jadhav
Mukund Ambulkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court