Writ Petition No. 8702 of 2014. Case: Omprakash Ramdev Panwar Vs Government of India through Its Secretary, Ministry of Social Justice and Empowerment and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition No. 8702 of 2014 |
| Counsel | For Appellant: Mr. Omprakash Ramdev Panwar, Adv. and For Respondents: Mr. Rajeev Chavan, Senior Advocate a/w Mr. D.P. Singh for Mr. V.N. Sagare, AGP, Mr. Vikas Warerkar i/by Warerkar & Warerkar |
| Judges | Anoop V. Mohta & G.S. Kulkarni, JJ. |
| Issue | Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000; Constitution of India - Article 227 |
| Judgement Date | August 16, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
Anoop V. Mohta, J.
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Heard the Petitioner, partyinperson and the respective advocates, by consent of the parties finally and noted the written submissions filed by the Petitioner. The Petitioner is not claiming any specific reliefs against his employerRespondent No.5, Mazagon Dock Limited and Respondent No.1 Government of India, as he is already retired. He is not claiming any specific service related benefits, in this Petition. We are inclined to dispose of the present Writ Petition, restricting it to the prayers so made.
2 The Petitioner, a migrant, belongs to Hindu Khatik caste, which is a recognized Scheduled Caste (SC), in the Union Territory of Delhi, (The native State), has challenged order dated 18 June 2014 passed by the Divisional Caste Certificate Scrutiny Committee No.1Respondent No. 4 (for short, "the Committee") whereby it is held that, the Petitioner has failed to prove that he belongs to Khatik SC as per the scheduled list of Maharashtra State as he was not a permanent resident of the State of Maharashtra (The State) earlier to 10 August 1950.
3 It is held that the Caste Certificate issued by the Deputy Collector, Thane, on the basis of Caste Certificate issued by the Deputy Collector, Delhi in the format specified for migrant person, is in accordance with law and the Rules. It is concluded that the Petitioner came to the State from the State of Madhya Pradesh in the year 1982; and the Petitioner's father had been permanent resident of Delhi and concluded as under:
" ORDER
Caste Certificate No. Setu/1101200223508 dated 21052002 issued by the Deputy Collector, Thane, District Thane to the applicant is in the Format specified for migant person. As per rule 14 of Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Rules 2012, Divisional Caste Certificate Committee cannot verify caste certificate in the migrant format. Applicants shall obtain his caste certificate and caste validity certificate from native State."
4 The second prayer of the Petitioner is to quash and set aside the following order dated 27 February 2004, of Caste Scrutiny Committee, which was passed against the Petitioner's daughter (Priyanka). In Priyanka Omprakash Panwar Vs. State of Maharashtra & Ors. Writ Petition No. 5048 of 2004 dated 7 March 2005, this Court observed as under:
" Admittedly, State...
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