Dismissed

Nilkanth Mahadev Nandanwar @, Nilkanth Mahadev Gatakhaye v. Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur through Its Member Secretary and Other

Bombay HC4 Sept 2024WP/1617/2018

Case brief

AI extract

What is this about?

A State government employee's 'Halba' Scheduled Tribe caste claim was invalidated by the Scrutiny Committee. The High Court found tampering in the father's school record, the uncle's 1947 entry showing 'Koshti', failure to discharge burden under Section 8, and unsatisfied affinity test. Writ petition dismissed.

What the court decided

AI extract

Nilkanth Mahadev Nandanwar @, Nilkanth Mahadev Gatakhaye Vs… — Caste Atrocities | Bombay HC (2024)

¶1

2024:BHC-NAG:10008-DB

¶2

3-WP-1617-2018.odt 1

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 1617 of 2018

¶4

Nilkanth Mahadev Nandanwar @ Nilkanth Mahadev Gatakhaye Petitioner
vs.
Scheduled Tribe Caste Certificate Scrutiny Committee and
two others. ... Respondents

¶5

Mr. Mangesh Bute, Advocate for petitioner.
Ms N.P. Mehta, Additional Government Pleader for respondent nos. 1 to 3

¶6

CORAM:- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
DATE :- 4th SEPTEMBER, 2024

¶7

P. C.

¶8

The petitioner is in employment of the State Government viz.
Health Department.

¶9

2.Since the petitioner sought employment against a post reserved for
Scheduled Tribe category, the office of the Medical Superintendent
Class-I referred the claim of the petitioner for verification as that of
belonging to 'Halba' Scheduled Tribe after grant of such employment.

¶10

3. The petitioner holds a certificate issued by the Sub-Divisional
Officer certifying that he belongs to 'Halba' Scheduled Tribe. The claim
of the petitioner came to be invalidated vide order dated 25.1.2018. As
such, this petition.

¶11

4.Mr. Bute, learned counsel appearing for the petitioner has made
two fold contentions; (a) that even if the caste entry in relation to father
of 13.04.1954 in the school record reflects ‘Koshti Halba’, same has to be

¶12

3-WP-1617-2018.odt 2

¶13

read as ‘Halba’ sub caste of ‘Koshti’ and not Koshti Halba. (b) According
to him, the alleged claim of overwriting in the said record cannot be
attributed to the petitioner and that being so, the Committee erred in
recording a finding that the petitioner does not belong to 'Halba'
Scheduled Tribe.

¶14

5.His further contentions are that the ‘Koshti’ caste reflected in the
record of his father can also be read as ‘Halba’. He would claim that he
has already given sufficient information and evidence before the
Committee so as to justify his claim of belonging to 'Halba' Scheduled
Tribe and as such has satisfied the affinity test.

¶15

6. As against above, Ms Mehta, learned Additional Government
Pleader, submits that the Committee with the aid of the Vigilance Cell
enquriry report has not only recorded findings of tampering of record of
father of the petitioner in school record but also the caste of the uncle of
the petitioner being recorded as ‘Koshti’ in the year 1947. According to
her, the entry in relation to the uncle is of 20.06.1947 i.e. before the
Scheduled Tribe Order was given effect to and as such, same has more
evidenciary value.

¶16

7. We have considered the submissions.

¶17

8.Apart from recording a clear finding on the issue of tampering of
the entry in relation to the father bearing ‘Koshti’ is replaced with ‘Halba’,
the caste of the uncle of the petitioner on 20.06.1947 is also recorded as

¶18

‘Koshti’.

¶19

3-WP-1617-2018.odt 3

¶20

9.This Court is not empowered to read down the entries to mean
that ‘Koshti’ even if is recorded can be inferred to mean as ‘Halba’ -
Scheduled Tribe.

¶21

10. Apart from above, the fact remains that the petitioner was served
with the notices by the Committee of hearing and as such, he should
have discharged the burden castes under Section 8 of the Maharashtra
Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jati),
Nomadic Tribes, Other Backward Classes and Special Backward Category
(Regulation of issuance and verification of) Caste Certificate Act, 2000
thereby explaining the adverse entries which he has failed to do.
Besides, the petitioner has not satisfied the affinity test as it has come on
record that the occupation of the petitioner was weaving which is taboo
in the Halba Scheduled Tribe.

¶22

11. That being so, no case for causing indulgence is made out. The writ petition accordingly stands dismissed. No costs.

¶23

12. In view of existing policy of the Government, in case if the
petitioner takes out proceedings before the employer for treating his
appointment on a supernumerary post, same be considered in accordance
with the prevailing policy of the State Government expeditiously.

¶24

 (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)

¶25

Andurkar….

Nilkanth Mahadev Nandanwar @, Nilkanth Mahadev Gatakhaye v. Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur through Its Member Secretary and Other

Case brief

What is this about?

What the court decided

Nilkanth Mahadev Nandanwar @, Nilkanth Mahadev Gatakhaye v. Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur through Its Member Secretary and Other

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Jalgaon Education Society, Jalgaon Jamod, Buldhana Thr. Secretary and Others Vs the State of Maharashtra, Thr. Secretary, Ministry of Education and Sports Dept., Mumbai and Anr.

Anupkumar S/O Wamanrao Gore Vs State of Maharashtra, Thr. Secretary, Public Health Department, Mumbai and Others

Vijay S/O Rajaram Shegokar Vs State of Maharashtra, through Its Secretary, Medical Education and Drugs Department, Mumbai and 4

Jitesh Shamlal Yadav and Others Vs State of Maharashtra, Thr. Principal Secretary, Dept. of Revenue, Mumbai and Ors.

Vijay S/O Madhukar Dhakate Vs Joint Commissioner and Vice-Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee and Anr.

Dr. Ajay Rameshrao Chaware and Others Vs Shri. Sameer Deshmukh, Chairman, Yashwant Rural Education Society, and Ors.