Bombay High Court
Sushil S/O Rajendra Thakur And Others vs The Sub-Divisional Officer, Daryapur, … on 10 March, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:2382-DB
-- 1 -- WP 7081.2024 (J).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 7081 OF 2024
1) Sushil S/o Rajendra Thakur
age : 38 years, Occ : Labour
2) Swaroop S/o Sushil Thakur
age : 6 years, through natural
guardian father petitioner No.1
3) Tushar S/o Rajendra Thakur
age : 40 years, Occ : Service
4) Prasad S/o Rajendra Thakur
age : 34 years, Occ : Service .. Petitioners
5) Sandip S/o Rajendra Thakur
age : 32 years, Occ : Service
All R/o Samruddhi Nagar,
Opp. New Teacher's Colony,
Dhamandari Buldhana,
Dist.Buldhana
Versus
1) The Sub-Divisional Officer,
Daryapur, Dist. Amravati
2) The Deputy Director/Member .. Respondents
Secretary Scheduled Tribe Certificate
Scrutiny Committee, Amravati
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Ms. Preeti Rane, Advocate for petitioners.
Mr. S.V. Narale, Assistant Government Pleader for respondents.
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CORAM : AVINASH G. GHAROTE AND
ABHAY J. MANTRI, JJ.
DATE : MARCH 10, 2025
ORAL JUDGMENT (Per : Abhay J. Mantri, J.)
Heard. Rule. Heard finally, by the consent of the learned
counsel appearing for the parties.
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(2) The petition questions the orders dated 15/05/2024
(Annexures 4 to 8) passed by the respondent No.1 Sub-Divisional
Officer, Daryapur, refusing to grant certificates to the petitioners of
belonging to “Thakur”, Scheduled Tribe on the ground that petitioners
failed to satisfy the affinity test, also on the point of area restriction.
These orders have been confirmed by the respondent No.2 Scheduled
Tribe Certificate Scrutiny Committee (for short -‘ the Committee’) in
appeal/Thakur-5 No.05/2024 by its decision dated 28/08/2024
(Annexure 17).
(3) The learned counsel for the petitioners vehemently
contended that the respondent No.1 Sub-Divisional Officer exceeded its
jurisdiction and, without considering the provisions laid down in Rule 4
of the Maharashtra Scheduled Tribes (Regulation of Issuance and
Verification of) Rules, 2003, erred in refusing to grant caste certificates
to the petitioners. The respondent No.1 Sub-Divisional Officer is not
permitted to make a detailed enquiry while issuing a caste certificate.
Therefore, refusing to grant a caste certificate by the respondent No.1
Sub-Divisional Officer is illegal and bad in law and contravenes the
Rules and Regulations of 2003. Also, the findings recorded by the
respondent No.2 Committee & confirmed that orders are illegal. The
respondent No.1 Sub-Divisional Officer, as well as respondent No.2
Committee, has not considered the fact that the petitioners have
produced caste certificates of their ancestors and a validity certificate
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issued in favour of their blood relative, namely, Bhushan Thakare, and
therefore urged for allowing the petition.
(4) Learned Assistant Government Pleader has not disputed
the proposition of law that the respondent No.1 Sub-Divisional Officer
has no authority to make a detailed enquiry of the claim of the
petitioners and, therefore, submitted, to pass appropriate orders.
(5) We appreciate the submissions and have perused the
impugned orders and record.
(6) It is settled position of law that the competent authority
under Section 4 of the Maharashtra Scheduled Castes, Scheduled
Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other
Backward Classes and Special Backward Category (Regulation of
Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter
referred to as ‘Act of 2000’) while issuing caste certificate is not
entitled to make a detailed enquiry as to the validity of the claim of the
petitioners of belonging to particular Caste/Tribe; for that is the job of
the Committee constituted under Section 6 of the said Act.
(7) A perusal of the impugned orders dated 15/05/2024
(Annexures 4 to 8) passed by the Sub-Divisional Officer, who is the
competent authority in terms of Section 4 of the Act of 2000, would
indicate that he has gone into the question of validity of the claim of
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the petitioners, which is impermissible in law. Thus, it seems that the
Sub-Divisional Officer exceeded its jurisdiction while refusing to grant
caste certificates to the petitioners. Similar is the position in respect of
the order dated 28/08/2024 passed by the respondent No.2 the
Committee. The respondent No.2 Committee has not considered the
documents produced on record by the petitioners in their proper
perspective.
(8) Apart from this, the position in this matter is no longer
res integra, but it is covered by the judgment of this Court in Namdeo
s/o. Baburao Ingale and ors. vs. Scheduled Tribe Caste Certificate
Scrutiny Committee, Amravati [2015(2)Mh.L.J.707], Dhanashree
Ravindra Koli and others V/s The state of Mah. & ors. in
W.P.No.8829/20021 decided on 12/08/21 and followed subsequently
in Vishal Namdeo Gopewad vs. The Scheduled Tribe Caste Certificate
Scrutiny Committee, through its Member / Secretary, Yavatmal and
another [W. P. No.4335/2023 decided on 01/09/2023] , in view of
which, the impugned orders dated 15/05/2024 passed by respondent
No.1 Sub-Divisional Officer, as well as the decision dated 28/08/2024
passed by the respondent No.2 Committee, are hereby quashed and
set aside.
(9) The respondent No.1 Sub-Divisional Officer is directed to
issue caste certificates in favour of the respective petitioner by
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following the procedure under Section 4 of the Act of 2000 and Rule 3
of the Rules, 2003, within a period of four weeks from the date of
receipt of the copy of this judgment. The writ petition is allowed
accordingly.
(10) Rule is made absolute in the above terms. No costs.
[ ABHAY J. MANTRI, J.] [ AVINASH G. GHAROTE, J.]
KOLHE
Signed by: Mr. Ravikant Kolhe PAGE 5 OF 5
Designation: PA To Honourable Judge
Date: 10/03/2025 16:58:54